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§ 1702. Effect of judgment on right to personal action

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' Liens

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article VII. Judgment; Execution; Revival
49 P.S. § 1702
§ 1702. Effect of judgment on right to personal action
Nothing in this act shall alter or affect the right of a claimant to proceed in any other manner for the collection of his debt.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. VII, § 702.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Taken from Section 58, Act of 1901, 49 P.S. 265. The last sentence of that section providing that a judgment on the merits in favor of or against a contractor shall have the effect of debarring any further proceedings against him personally is omitted for the reason that the contractor is not a party to the proceedings in the sense that a judgment can constitutionally be obtained against him in the mechanics' lien proceedings. See Sterling Bronze Co. v. Syria Imp. Co., 226 Pa. 475 (1910), 75 A. 668; Page v. Carr, 232 Pa. 371, 376 (1911), 81 A. 430. However, the omission of this provision is not intended to interfere with the proper application of the principle of res adjudicata against the owner. See Contractors Lumber & Supply Co. v. Quinette, 185 Pa.Superior Ct. 66 (1958), 137 A.2d 841, holding that a judgment for the owner in the mechanics' lien action on the ground he had not agreed to pay for the material is a defense to an assumpsit action on the same set of facts.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, § 58.
49 P.S. § 265.
49 P.S. § 1702, PA ST 49 P.S. § 1702
Current through 2018 Regular Session Act 164 (End)
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