Timony v. Timony
Timony v. Timony
Opinion of the Court
That the writ in this case is sufficient to enforce a lien for labor on logs, is settled in Getchell v. Gooden and logs, argued upon the same briefs with this case; ante, 563.
One ruling was wrong, and the other consequently was immaterial and unnecessary. Upon the whole, we think it just to send the case back ^proceed anew. In a strict sense, the log owners, at the date of these proceedings, were not properly in court. No legal notice had been served on them to appear. It is not enough that they come in voluntarily, or that they were individually summoned in. To establish a regular and perfect hen judgment, it is indispensable that a general notice, such as -would be good against the world, should be given. Sheridan v. Ireland and logs, 61 Maine, 486 ; Parks v. Crockett, Id., 489. The case shows that such a notice, by publication, has been ordered since the trial, several terms ago.
The order is that all the pleadings since the writ be stricken out and the Action stand for trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.