241 Pa. 336 | Pa. | 1913
Opinion by
The fund for distribution, being the balance due the contractor for the erection of a school building, was paid into court under the authority of the Act of April 22, 1903, P. L. 255. The money was paid into court several months after the death of the contractor and before the filing of any claims for labor and materials furnished. Indeed, no claims against the building were filed at any time and hence there are no liens of record to be considered in disposing of the questions raised by this appeal. The Act of 1903 authorizes the procedure followed in the present case and the main question for decision here is whether this statute provided a new method for the collection of debts or the enforcing of judgments. Under all of our recent cases, if the act in quéstion did provide a new method for the collection of a debt or the enforcing of a judgment, it would be inoperative for the purpose intended because in conflict with the organic law. This has been expressly ruled in Vulcanite Portland Cement Co. v. Allison, 220 Pa. 382; Henry Taylor Lumber Co. v. Carnegie Institute, 225 Pa. 486; Sterling Bronze Co. v. Syria Improvement Assn., 226 Pa. 475; Page v. Carr, 232 Pa. 371. It is difficult to see upon what ground the Act of 1903 can be sustained without disregarding what was said in these cases. A mechanic’s claim was intended to be a lien against the building for which labor and materials were furnished. It is a proceeding in rem and has always been so regarded. Those who furnish labor or materials in the erection of a building are given a preference over other general creditors in the distribution of a fund arising from the sale of the building itself, but it was never intended to make this system the
Decree reversed and record remitted with directions to pay the fund in question less proper costs to George E. Smith, administrator d. b. n. of George W. Keefer, deceased, to be accounted for in the administration of said estate. All costs up to the present time to be paid out of the fund.