Atkinson v. Woodmansee

Citations

• 68 Kan. 71
• 74 P. 640
• 64 L.R.A. 325
• 1903 Kan. LEXIS 410

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Mechanics' Lien Act — Amendment Provision Valid. Section 5121, General Statutes of 1901, being section 5 of the mechanics’ lien law, and providing as follows: “In case of action brought, any lien statement may be amended by leave of court in furtherance of justice as pleadings may be in any matter, except as to the amount claimed,” permits an amendment correcting the description of the property and the name of the owner, and does not thereby authorize the taking of property without due process of law.</p> <p>2. -Provision for Attorney's Fee Unconstitutional. Section '5125, General Statutes of 1901, being section 9 of the mechanics’ lien law, and providingas follows: “In any action brought by any artisan or day-laborer to enforce any lien under this act, where judgment be rendered for plaintiff, the plaintiff shall be entitled to recover a reasonable attorney’s fee to be fixed by the court, which shall be taxed as costs in the action,” denies to persons within the jurisdiction of this state the equal protection of the laws, and is, therefore, unconstitutional and void.</p>