Reference

Full Case Name

E. E. Baldwin v. T. B. Morgan

Cited By

2 cases

Status

Published

Syllabus

1. Laborer’s Lien on Crop. Enforcement of same. Affidavit. Itemized accomit. Code of 1892, $ 2684. Section 2684, code of 1892,' provides that every laborer may enforce his statutory lien for wages due to him on his employer’s interest in the crop made in the course of his employment “by making affidavit before the clerk of the circuit court, or a justice of the peace of any county where the subject-matter of the lien may be, describing therein the products sought to be subjected, setting forth his claim, his share or interest therein, and asserting his lien thereon, with an itemized account of his deinand,” etc. In a proceeding under this statute, where the contract of employment was by the month at a fixed and definite sum, and the affidavit states, along with the other necessary averments, that the amount claimed is for wages earned in producing the farm products specified, it is not error to overrule a motion to quash the writ of seizure issued, because of plaintiff’s failure to file an itemized account of his demand and to allow the plaintiff to file such account at the trial. 2. Same. Affidavit. Itemized account. Items. Code of 1892, § 2684. Where the affidavit filed by a laborer for the enforcement of his lien for wages against his employer’s interest in the crop contains as full information as could be given by the filing of an independent paper, and his claim does not rest upon open account, but in contract for a definite sum per month, and does not consist of items, the filing- an itemized account of his demand is unnecessary, an item being an article or separate particular in an account.