Cases Argued and Decided in the Supreme Court of Mississippi Volume 44

Cases Argued and Decided in the Supreme Court of Mississippi Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ... ' adjudged case upon the lien of attorneys and solicitors in this country and Great Britain, as well as all the text writers. This lien as applied to papers, writings, notes, money, funds, estates and judgments, is clearly defined, and the rules in their various phases, as affected by the facts of each particular case, are well understood. To the extent of the established practice, we give our assent both upon conviction of the justice of this lien and upon precedent. " Lien " is defined to be " a right by the possessor of property to hold it for the satisfaction of some demand." Opinion of the Court. As stated in Edwards on B-ailments, 386, " the rule is, that every bailee for hire, who, by his labor and skil1, has imparted an additional value to the goods, has a lien upon the property ' for his reasonable charges; this includes all such manufacturers, mechanics, tradesmen, and laborers as receive property for the purpose of repairing or otherwise improving its condition." So of agents, factors, etc. In Anderson v. the State, 23 Miss., -159, a " lien " was defined to be a "qualified right which, in a given case, may be exercised over the property of another, " and it was declared that it "attaches to the subjects of property and follows them in their transmission to others." As a corrollary it follows that this lien secures ' priority of payment " and preference in the appropriation of the proceeds of the property. _ ' Webster defines "lien" to be "a legal claim; the right by which the possessor of property holds it against the owner in satisfaction of a demand." Possession, therefore, actual or implied, or the right to more

Product details

  • Paperback | 370 pages
  • 189 x 246 x 20mm | 658g
  • United States
  • English
  • black & white illustrations
  • 1236900014
  • 9781236900012