Norfleet v. Tarboro Cotton Factory

Pek Cueiam. The petitioner claims a lien under section 1131 and section 2016 of the Revisal. The first of these sections confers no lien. Coal Co. v. Electric Co., 118 N. C., 232. It only gives those holding claims against a corporation for labor performed or torts committed the right to enforce their claims by judgment and execution as against those holding mortgages upon the property of the corporation. It is doubtful if the petitioner brings itself within section 2016 of the Revisal; but, conceding that it has done so, it has failed to commence any proceeding for the enforcement of its lien within the time prescribed by statute, Revisal, sec. 2027. It is also true, as contended by the other claimants, that there is no finding of fact and nothing in the record to show that any part of the funds in the hands of the clerk and upon which the petitioner claims *835 a lien is any part of tbe proceeds of tbe manufactured product of tbe factory, and it does appear tbat wben tbe petitioner presented bis demand tbat bis claim of lien be recognized, tbat it was denied by tbe receivers, and tbat it filed no exception, and, so far as tbe record discloses, it made no objection thereto. In our opinion, after a careful investigation of tbe record, tbe ruling of bis Honor dismissing tbe petition must be sustained. Affirmed.