Duncan

An act of the legislature entitled “An act to secure the wages of persons employed as laborers on threshing-machines” (Stats. 188.5, p. 109), provides:

Plaintiff, as assignee of the claims of certain laborers who had performed work of the character provided for in the act with the threshing-machine of the defendants, brought this action within the ten days’ limitation to enforce and foreclose a lien for the value of said labor. The court below gave judgment sustaining plaintiff’s right to the lien and directing a sale of the property for its satisfaction. The defendants appeal. .

The material question involved in the appeal is whether the lien given by the statute passes by the assignment of the obligation it is given to secure, it being conceded that the assignments were sufficient in form to convey any rights which could pass under the law.

There is a conflict in authority from other states as to whether statutory liens of the class created by the act in question pass by assignment of the debt; some of the authorities holding that it is strictly a personal right and dies unless asserted in the hands of the one for *12 whose benefit it is primarily given; while other cases…