Rosenheck v. Stape

Supreme Court of Pennsylvania

Rosenheck v. Stape

3 A.2d 678, 332 Pa. 287, 1939 Pa. LEXIS 571

CourtSupreme Court of Pennsylvania

DecidedDecember 1, 1938

DocketAppeal, 261

StatusPublished

This text of 3 A.2d 678 (Rosenheck v. Stape) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosenheck v. Stape, 3 A.2d 678, 332 Pa. 287, 1939 Pa. LEXIS 571 (Pa. 1938).

Pincite

Opinion

Per Curiam,

The judgment is affirmed on the able opinion of Judge Cunningham of the Superior Court, 130 Pa. Superior Ct. 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. Superior Ct. 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.

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Per Curiam,

The judgment is affirmed on the able opinion of Judge Cunningham of the Superior Court, 130 Pa. Superior Ct. 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. Superior Ct. 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.

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Bluebook (online)

3 A.2d 678, 332 Pa. 287, 1939 Pa. LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenheck-v-stape-pa-1938.

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