Fairlamb v. Smedley Construction Co.

Citations

• 36 Pa. Super. 17
• 1908 Pa. Super. LEXIS 102

Syllabus

<p>Bankruptcy — Liens—Preferences—Act of June 4, 1901, sec. 28, P. L. 431.</p> <p>A suit brought under the provisions of the Act of June 4,1901, sec. 28, P. L. 431, by a subcontractor or material man against a contractor with summons to the owner as garnishee, is a “legal proceeding” within the meaning of the national bankrupt act of 1898; and if the suit is begun within four months prior to the filing of a petition in bankruptcy against the contractor, no lien accrues in favor of the plaintiff in the suit by reason of the summons to the owner as garnishee.</p>