108 Ky. 160 | Ky. Ct. App. | 1900
Opinion op the court by
Affirming.
Section 2500 of the Kentucky Statutes gives all persons feeding or grazing cattle for compensation a lien upon the cattle for their reasonable charges for feeding or grazing them, subject to the limitations and restrictions provided in the case of a landlord’s lien for rent. Section 2501 authorizes a warrant to be sued out, directing the proper officer to levy upon and seize the cattle for the amount due, wijh interest and cost; and section 2502 requires the proceedings under the warrant to be in all respects the same as in cases of distress for rent. Under these provisions R. L. Evans sued out a warrant for thir-. ty-four dollars and fifteen cents for feeding and grazing fifteen hogs, the property of appellant. The warrant was levied by the sheriff on the hogs, and thereupon appellant brought this action to recover them from appellee, the sheriff, on the ground that the statutes above referred to are unconstitutional.
The statute only gives a lien on cattle put out by the owner to be fed. The creation of such a lien is a valid exercise of legislative power, and, when appellant put his hogs out to be fed he did so with notice that he thereby created a lien on them for their feeding. Such a lien stands on the same plane as a mechanic’s lien, or the common law lien of an artisan on things left with him for repair. The landlord’s lien and right to distrain for it are as old as the common law. The constitutionality of our statute on distress for rent was upheld by this court in Burket v. Boude, 3 Dana, 209, and Garnett v. Jennings, (Ky.), 44 S. W., 382. See Blanchard v. Raines, 20 Fla.,
Petition for rehearing filed by appellant and overruled.