(1) Any person who makes, alters, repairs, or in any way enhances the value of any vehicle, automobile, machinery, farm implement, or tool or shoes a horse or mule at the request of or with the consent of the owner or owners thereof shall have a lien on such vehicle, automobile, machinery, farm implement, tool, horse, or mule while in such person's possession for the reasonable or agreed charges for the work done or material furnished and shall have the right to retain such property until such charges are paid.
(2) Any person who exercises the right to retain such property shall not assess any additional fee beyond the reasonable or agreed charges for the work done or material furnished unless the person first sends, by certified mail, (a) a notice of possession of such property, intent to assess an additional reasonable fee beginning with the date that the notice is sent, and the amount or rate of the additional reasonable fee to the owner or owners for whom the work was performed and (b) a copy of such notice to any lienholder noted on the certificate of title if applicable.
Notes of Decisions
Allied Inv. Co. v. Shaneyfelt, 74 N.W.2d 723 (Neb. 1956).
· cites it 13× “In such a situation, plaintiff argued that under the stipulated facts defendants had no artisan’s lien as against plaintiff under the provisions of section 52-201, R. R. S. 1943, and that under the provisions of section 60-110, R.”
Gen. Motors Acceptance Corp. v. Sutherland, 241 N.W. 281 (Neb. 1932).
· cites it 10× “Defendant’s possessory lien is based on section 52-201, Comp. St. 1929: “Any person who makes, alters, repairs or in any way enhances the value of any vehicle, automobile, machinery, farm implement or tool, or shoes a horse or horses, or mule or mules, at the request of or with…”
Hickman-Williams Agency v. Haney, 40 N.W.2d 813 (Neb. 1950).
· cites it 6× “Haney, defendant, who claims the right of possession by virtue of an artisan’s lien as provided for in section 52-201, R. S. 1943. Possession of the automobile in question was not obtained by the plaintiff under its writ of replevin, and the action proceeded as one for damages…”
Gibreal Auto Sales, Inc. v. Missouri Valley Mach. Co., 186 N.W.2d 719 (Neb. 1971).
· cites it 6× “During the course of the lease Welty became delinquent in his payments and as a result the plaintiff has brought this action of replevin to recover possession of the tractor from the defendant, Missouri Valley Machinery Company, which *765 is claiming a lien for repairs under…”
United States Nat'l Bank v. Atlas Auto Body, Inc., 335 N.W.2d 288 (Neb. 1983).
· cites it 18× “In the White Motor case, however, Sapp Brothers did not have a possessory lien under Neb.Rev.Stat. § 52-201 (Reissue 1978), and therefore § 9-310 did not apply.”
Cole v. Minnick, 244 N.W. 785 (Neb. 1932).
· cites it 2× “He could claim an artisan’s lien under section 52-201, Comp. St. 1929. The facts involved in the case of Cobb v.”
Jackson v. Arndt-Snyder Motor Co., 240 N.W. 279 (Neb. 1932).
· cites it 4× “In its answer the defendant company admitted plaintiff’s ownership of the truck, but contended that the truck was delivered by the plaintiff to the company for the purpose of having certain repairs made thereon, and that, under the provisions of section 52-201, Comp. St. 1929,…”
Nat'l Bond & Inv. Co. v. Haas, 247 N.W. 563 (Neb. 1933).
· cites it 4× “In 1913 our artisan’s lien law was passed, which is found in sections 52-201 to 52-203, Comp. St. 1929, which provides, as applied to this particular case, that any person who repairs an automobile at the request of the owner shall have a lien on such automobile while in his…”
Haug v. M & N's Auto Co., 378 N.W.2d 864 (Neb. 1986).
· cites it 2× “On the basis of conflicting evidence the trial court entered judgment that M & N have and recover from Haug the sum of $1,932, to be paid by September 20, 1984; that M & N retain possession of the automobile until payment; and that if payment was not made as aforesaid, M & N…”
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