Goodnight v. Adsit

Opinion by

Judge Hines:

It is contended by the appellant that 1 Acts March 20, 1876, Ch. 902, § 1, Gen. Stat. (1879), p. 944, is unconstitutional because it violates the obligation of contract. This we concede, in so far as it attempts to reach, in behalf of the materialmen, property mortgaged prior to the furnishing of material or the performance of services by materialmen; but the principle does not apply here because the proceeds of all the property covered by the mortgage in this case were applied to the discharge of the mortgage debt. An act'of the legislature may be constitutional in…