Vane v. Newcombe

Citations

• 132 U.S. 220
• 10 S. Ct. 60
• 33 L. Ed. 310
• 1889 U.S. LEXIS 1868

Syllabus

<p>In Indiana, a person .who' contracts with a,telegraph corporation to do the specified work of'putting up certain lines of wire on poles, is not an “employé” of the corporation, within the meaning of the act of the legislature of Indiana, approved March 13, 1877, (Laws of Indiana 1877, Special Session, 27, c. 8; also, Rev. Stats. Indiana, §§ 5286-5291,) giving a first and prior lien on the corporate property and earnings of a corporation to its employés, for all work and labor done and performed by them for the corporation, from the date of their employment by the corporation.</p> <p>Such a lien is not given to him by virtue of the mechanics’ lien act of 'Indiana, of March 6, 1883, (Laws of 1883, 140; Elliott’s Supplement of 1889, §§ 1688 and 1690,) unless he complies with that act in regard to describing, in his notice of lien, the lot or land on which -the structure stands on which he claims a lien.</p> <p>By perfecting a claim to his lien under the act of 1877, he waived the right, if- any, which he had to a common law lien, as to the personal property and earnings of the corporation.</p> <p>The poles and wires were real estate on which he could have no liemat common law.</p> <p>Moreover he gave up any right he had to a common law lien, as to the wires, by .giving up possession of them.</p>