Cameron v. Consolidated Lumber Co.

Faircloth, C. J.: This action was instituted to enforce ¡a laborer’s lieu under The Code, Sections 1781 and 1784, requiring the claim to be filed in detail, specifying the labor performed and the time thereof. The notice to J. S. Cameron, the owner, was that the plaintiff “has filed a lien for work and labor performed on all the lot of lumber now on the yard of your saw mill on Jumping Run Creek *268 in said township and county — the plaintiff performing the work of sawyer in the manufacture of all of said lumber,” and refers to the bill filed with the Justice of the Peace Johnson. The claim filed was in these words: “ J. S. Cameron, owner and possessor, to A. D. Cameron — 1894, October 22: To 122¿days of labor as sawyer at his saw mill on Jumping Nun Creek in Harnett county, and a*t his old mill, from 1st October, 1893, to August 31, 1894— $137.24. (Signed) X). A. Cameron, claimant.” The plaintiff had judgment in which bis-Honor states that it had “ been agreed that the judgment of the justice of the peace should be affirmed if the court should be of opinion that the bill of particulars filed by the plaintiff was in accordance with the provisions of the statute with regard to liens,” but, if otherwise for the defendant. This is the sole question presented to this Court. We think the bill filed is a reasonable and substantial compliance with the statute. No one need misunderstand it who should become interested in the property. The subject is more fully treated in Cook v. Cobb, 101 N. C., 68. Affirmed.