Vulcanite Paving Co. v. Philadelphia Rapid Transit Co.

Citations

• 220 Pa. 603
• 69 A. 1117
• 1908 Pa. LEXIS 825

Syllabus

<p>Mechanic’s lien — Corporation—Street railway company — Constitutional law — Special legislation — Act of June 4, 1901, P. L. 431.</p> <p>The power house of an electric street railway is not subject to a mechanic's lien under the Act of June 4, 1901, P. L. 431.</p> <p>The method provided by sec. 46 of the act of 1901, for the enforcement of the judgment on the lien by a special fi. fa. under the Act of April 7, 1870, P. L. 58, not being a proceeding in rem so as to enforce the claim against the particular building into which the materials entered, is special legislation for this class of liens, obnoxious to the constitution, and, therefore, inoperative. The method of enforcing the lien being inoperative, the lien itself must fall.</p>