Pennsylvania Supply Co. v. Tichy

Reese, P. J.,

The plaintiff has filed a bill in equity under the provisions of section 49 of the Mechanics’ Lien Act of June 4, 1901, P. L. 431, 49 PS §261, against Theodore A. Tichy, owner of the premises, and seven fire insurance companies. The fire insurance companies 'have filed preliminary objections to the bill. It is necessary to discuss but one of these objections, viz., that section 49 of the Act of 1901, supra, is unconstitutional.

Section 49 provides: “In ease the structure or other improvement bound by or liable for any such claims, or which would be so liable but for a waiver…