Judge v. Bay Mill Co.

Citations

• 18 Wash. 269
• 51 P. 378
• 1897 Wash. LEXIS 151

Syllabus

<p>LABORER’S LIENS-MANUFACTURE OF SHINGLES — RIGHT TO LIEN AFTER SALE AND DELIVERY TO CARRIER — CONSTRUCTION OF STATUTE.</p> <p>One performing labor in the manufacture of shingles is not entitled to a lien thereon, under Laws 1893, p. 428, § 2 (Bal. Code, §5931), providing that “every person performing work or labor or assisting in manufacturing saw logs and other timber into lumber and shingles, has a lien upon such lumber while the same remains at the mill where it was manufactured, or in the possession or under the control of the- manufacturer,” when it appears that the shingles although still in close proximity to the mill where manufactured, had been loaded upon a car on a sidetrack along the mill, but on land of the railway company, that the car had been sealed and a bill of lading delivered to the purchaser of the shingles, that full delivery had oeen made by the manufacturer and that the shingles had in fact passed out of his possession and from under his control.</p>