Lambert v. Davis

Citations

• 116 Cal. 292
• 48 P. 123
• 1897 Cal. LEXIS 540

Syllabus

<p>Lien of Laborer on Threshing-machine — Operation by Possessor under Contract with Owner.—Under the “Act to secure the wages of persons employed as laborers on threshing-machines, ” approved March 12, 1885, a laborer performing labor in and about the operation of a threshing-machine and outfit, at the employment of one not the actual owner of the machine, hut lawfully in the possession and operation of it under contract with the owner, is entitled to the lien upon the property for his services.</p> <p>Id.—Actual Ownership Immaterial—Possessor Deemed Owner—Constitutional Law—Due Process of Law.—As respects the enforcement of the lien upon the threshing-machine, the actual ownership of the property is an immaterial circumstance, and the one lawfully hold, ing from the actual owner the possession and right to operate the machine is to be deemed, for the purposes of the statute, the owner of the property; nor is the giving to one not employed by the actual owner the benefit of the lien, in such case, subject to the constitutional objection that it authorizes a deprivation of the property of the owner without due process of law.</p> <p>Id.-—Case Affirmed.—The decision in the case of Olvurch v. Garrison, 75 Cal. 199, affirmed.</p>