Cairo & Vincennes Railroad v. Fackney

Citations

• 78 Ill. 116

Syllabus

<p>1. Action—-for money paid, ete. If a party, at the request of a railway company, takes up certificates of indebtedness issued by it to its laborers for work, and to procure board, and to enable boarding house keepers to obtain groceries and provisions for hands engaged in the construction of the road, with an agreement to settle with him for the same, such party will be entitled to recover of the company the amount of such advances.</p> <p>2. Lien—against railroads. The lien given by statute against the property of a railway company is only for materials used, supplies furnished, and for labor performed in constructing, repairing, operating or maintaining the road. The loan of money, or the payment of its creditors, is not embraced in the statute giving the lien.</p> <p>3. Same—no lien exists for money advanced in taking up certificates of indebtedness. A party who, at the request of a railway company, takes up its certificates of indebtedness given to its laborers and others for the boarding of hands, is not entitled to any lien, under the statute, against the company or its property.</p> <p>4. Assignment of lien. Although a laborer upon a railroad has a lien by statute for the sum due him, it is not assignable at law, and, even if assignable, it would not entitle the holder of the same to assign the lien.</p> <p>5. Remedy for enforcement of liens. Liens are enforceable in equity unless the law has provided another mode. This is true of vendor’s liens, equitable and other mortgages, and all statutory liens, except when the lien is in the nature of a pledge, and possession accompanies the lien. A court of law does not possess the means of enforcing such liens.</p>