Donegan v. Meredith

Markell, J., delivered the opinion of the Court. This is an appeal from a judgment for plaintiff in a suit by a veterinary against an owner of horses for board for some months and veterinary services and expense for a supposedly valuable race horse and for services for other horses not at plaintiff’s establishment. The amount of the verdict includes for board alone more than $300, against which was credited $94.50, net proceeds of sale (for $110) of the horse boarded, which was sold under Chapter 23 of the Acts of 1949. The act provides, “51.

(a) The owner or operator of every livery stable or other establishment giving care or custody to any horse or other livestock shall have a lien thereon for any reasonable charge for board and custody, training fees, veterinarians’ and blacksmiths’ charges, and for other proper maintenance expenses, (b) Any person, association or corporation having a lien under the provisions of this section may sell the horse or other livestock at public auction sale, if the account is due and unpaid for a period of thirty days after any such fee, charge or expense shall have accrued and if the lienor still retains possession of the same. *** (d) * * * The proceeds of such sale shall be applied to the expenses thereof and then to the liquidation of such indebtedness;' and the balance, if any, shall be paid over to the debtor.” The declaration included the common counts for work and materials and for money paid. Defendant contends that (1) under the common counts evidence as to (a) board at plaintiff’s establishment, and (b) services not rendered at plaintiff’s establishment, ¹⁵⁵ is not admissible and (2) the statute does not permit an action at law for a balance due after enforcement of the lien by sale. At the argument defendant also contended that (3) the sale was invalid because the lien does not exist for services not rendered at plaintiff’s establishment. Nothing in the printed record suggests any irregularity in the sale.

The proceeds of sale were less than the amount due for board alone; there is nothing to indicate that the sale was made for any debt not within the statute. No authority was cited, and we have found none, in support of defendant’s contentions, and we find no basis for them on principle. The common count for work and labor covers services of all