Blackburn

Blackburn v. Bell

Good Law
125 Cal. 171·1899 Cal. LEXIS 820·57 P. 775
Supreme Court of CaliforniaJune 21, 1899L. A. No. 474California485 words

Opinion

Lead Opinion

Dyke, J.

The plaintiffs were engaged in San Luis Obispo county as threshers, and the action is for their wages as such and to enforce a thresher’s lien under the act of 1885. (Stats. 1885, p. 109.) The act reads as follows:

The findings of the court bearing on the question involved in the appeal are as follows:

The action was commenced September 28, 1896, and as a conclusion of law the court found in favor of the plaintiffs for their money demand, in the aggregate sum of four hundred and sixteen dollars and sixty-five cents, but that plaintiffs have no liens upon, and cannot enforce the lien against, the threshing machine and appurtenances mentioned and described in said complaint, or at all.

The plaintiffs appeal from so much of the judgment as declared that the said plaintiffs had no lien and were not entitled to an attorney’s fee, and from the order denying said plaintiffs’ motion for a new trial.

The evidence abundantly supports the findings of fact, and is all one way as to the time when work in the threshing ceased. Plaintiff Frank Kite, testifying in his own behalf, says: “We *173 did no threshing for anybody after about noon of the sixteenth day of September, 1896. I did not…

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