Henry Taylor Lumber Co. v. Carnegie Institute
Citations
- 225 Pa. 486
- 74 A. 357
- 1909 Pa. LEXIS 688
Syllabus
<p>Mechanic’s lien — Public property — IAen against building — Act of April 23, 1903, P. L. 266.</p> <p>1. Land set apart by a city of the second class under the Act of April 23, 1903, P. L. 266, for the erection thereon of a building for educational purposes by the trustees of a private charitable trust, cannot be bound by a mechanic’s lien for labor or material furnished to the building erected thereon. '</p> <p>Constitutional law — Special legislation — Change of methods for collection of debts or enforcing judgment — Mechanic’s lien — Lien against building and loan — Act of June 4,1901, sec. 38, P. L. 431.</p> <p>2. Section 38 of the Act of June 4, 1901, P. L. 431, which permits mechanics’ liens to be filed against a building without reference to the land, and provides for the sale and removal of the building for the benefit of lien holders is unconstitutional inasmuch as it violates sec. 7 of art. Ill of the constitution, which prohibits any special legislation “providing or changing methods for the collection of debts or the enforcing of judgments.”</p>
Judges: Brown, Elkin, Fell, Mestrezat, Potter
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