The Law of Builders in Pennsylvania : a Treatise On the Relation of the Building Contractor to His Employers, Material Men, And Employees, And the Relation of the Contracting Parties to the Public : Including the Mechanics' Lien Law And a Full Collection

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Compulsory Nonsuit. Recovery of Costs.
Sec. 37. A compulsory nonsuit, unless reversed or set aside, shall operate to bar all further proceedings on the §330 mechanics' lien law of june 4, 1901. 207 claim. If judgment be finally recovered in favor of the claimant, it shall not have the effect of a personal judgment against the owner if he be not also the contractor, except for the costs of the proceeding. To recover the costs ad- judged to the successful party, he may issue execution, as in pers
...onal actions.
330. Fetition to have Structure or Other Improvements Alone Sold.
Bule. Decree. Appraisers.
Sec. 38. Any claimant for an entirely new erection and construction of a structure or other improvement, having recovered judgment upon his claim, may, except where the property named is essential to the business of a quasi-public corporation, file a petition in the court in which such claim is filed, setting forth that the party contracting for the struc- ture or other improvement was not capable of binding the land, has forfeited or otherwise lost all interest therein, that the prior estate charges and encumbrances exceed the value of the land, or that, by reason of any other facts in said peti- tion averred, it is advantageous to the lien-claimants that the structure or other improvement should alone be sold for the benefit of the claimants; whereupon a rule shall be granted upon all parties interested, having filed or being entitled to file claims upon the defendants therein, and upon every per- son having an interest in the property, including the then owner and any ground-rent owner, mortgagee, lien-claim- ant or encumbrancer, to show cause why the prayer of the petition should not be granted.


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