Cobb

McDonald-Weist Logging Co. v. Cobb

Good Law
278 F. 167·5 Alaska Fed. 73·1921 U.S. App. LEXIS 1953
United States Court of Appeals for the Ninth CircuitDecember 5, 1921No. 3704California447 words

Opinion

Lead Opinion

Hunt, J.

This case is related to Cobb, Trustee, v. McDonaldWeist Logging Company, 278 Fed. 165 , wherein we held that the contract between the Craig Lumber Company and the McDonald-Weist Logging Company was valid and enforceable.

The point presented by this appeal is whether the McDonald-Weist Company could lawfully claim a lien filed for work done in cutting certain logs pursuant to the terms of *74 the contract. Section 709, Compiled Laws of Alaska, provides : “Every person performing labor upon, or who shall assist in obtaining or securing, sawlogs * * * or other timber shall have a lien upon the same for the work or labor done upon or in obtaining or securing the same, whether such work or labor was done at the instance of the owner of the same or his agent. The cook in a logging camp and any and all others who may assist in or about a logging camp shall be regarded as a person who assists in obtaining or securing sawlogs * * * or other timber mentioned herein.”

It is argued that the statute does not give a lien to a contractor or a corporation. The general rule is that a corporation is included within the word “person.” Lewis’ Sutherland, Statutory Construction, 770; 14 C.J. 1233.…

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