Opinion
December 1, 1938.
January 9, 1939.
Constitutional law — Local or special laws — Liens — Collection of debts or enforcement of judgments — Mechanics' liens — Verdict on scire facias — Time for entry of judgment — Act of June 4, 1901, P. L. 431 — Article III, section 7 of Constitution.
1. Section 10 of the Mechanics' Lien Act of June 4, 1901, P. L. 431, is merely a legislative declaration of what constitutes due prosecution of the writ of scire facias and is not special legislation repugnant to the Constitution. [288]
2. Ward v. Patterson, 46 Pa. 372; Hershey v. Shenk, 58 Pa. 382, and Hunter v. Lanning, 76 Pa. 25, held to be merely examples of what did not amount to due prosecution. [288]
Argued December 1, 1938.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN and STERN, JJ.
Appeal, No. 261, Jan. T., 1938, from judgment of Superior Court, Oct. T., 1937, No. 147, affirming order of C. P. No. 5, Phila. Co., Dec. T., 1930, No. 4613, in case of Max Rosenheck v. Sarah Stape. Judgment affirmed.
Mechanics' liens proceeding. Before SMITH, P. J.
The facts are stated in the opinion of the Superior Court, reported in 130 Pa. Super. 357.
Petition and rule to strike off judgment discharged. Defendant appealed to the Superior Court which affirmed the order of the court below. Appeal by defendant was allowed to the Supreme Court.
Errors assigned related to the action of the Superior Court in overruling defendant's assignments of error and in affirming the order of the court below.
Edward Unterberger, for appellant.
Bertram U. Weinberg, with him Maurice G. Weinberg, for appellee.
The judgment is affirmed on the able opinion of Judge CUNNINGHAM of the Superior Court, 130 Pa. Super. 357. In answering the question of that Court, we hold that Ward v. Patterson, 46 Pa. 372; Hershey v. Shenk, 58 Pa. 382, and Hunter v. Lanning, 76 Pa. 25, are merely examples of what did not amount to due prosecution, and the Superior Court was correct in so intimating.
Section 10 of the Mechanics' Lien Act of June 4, 1901, P. L. 431, here in controversy, is merely a legislative declaration of what constitutes due prosecution of the writ of sci. fa. It is therefore not special legislation repugnant to the Constitution. Relative to the entry of judgment on the verdict, in Fuellhart v. Thompson, 11 Pa. Super. 273, it was definitely stated that verdicts under the general Act of March 23, 1877, P. L. 34, become liens for five years. Judgments may be entered on such verdicts at any time during that period without loss of the lien.
Judgment affirmed.