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Reports of Cases Decided in the Supreme Court of the State of North Dakota (Volume 12)

Reports of Cases Decided in the Supreme Court of the State of North Dakota (Volume 12)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: upon which the grain was grown. Unless the person entitled to the lien shall file such statement within the time aforesaid he shall be deemed to have waived his right thereto.'' It will be seen that the statement which the lien claimant must file shall show the amount and quantity of grain threshed, as well as the price agreed upon for threshing the same, the name of the person for whom the threshing was done and the description of the land upon which the grain was grown. The verified statement filed by the plaintiff in this case does not show the amount and quantity of grain threshed. It merely recites that affiant threshed for said Neils Rasmusson certain flax, etc., and nowhere does it purport to state the quantity of flax threshed. It might be one bushel or one thousand, so far as this statement is concerned. This is not the statement which the statute requires to be filed. It was only by the fil'ng of the statement required by the statute that the plaintiff could perpetuate his lien. His failure to comply with the statute in this respect is fatal to his lien. In 1 Jones on Liens, sections 105, 106, it is said that the character, operation, and extent of the lien must be ascertained by the terms of the statute creating and defining it; and the courts cannot extend the statute to meet cases for which the statute itself does not provide, though these may be of equal merit with those provided for. A statutory lien can exist only when it has been perfected in the manner prescribed by the statute authorizing it. In other words, the courts are powerless to create the lien. It exists only under the statute. It has been repeatedly held by this court that the statute requiring the filing of this statement is imperative, and that the benefits of the statutory lien can be re...


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Product Details
  • ISBN-13: 9780217985178
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 274
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 0217985173
  • Publisher Date: 03 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 494 gr


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