| Show LIEN HEN UNCONSTITUTIONAL Decision of Supreme Court Suggests Work for Legislature HOMESTEADS ARE EXEMPT Opinion Says IS IM makers Ou Ought lil to e Amend mIHI Statute nel Hc e Con Con- lt Make Make- it 1 I Inid Void nid Th The state legislature will wi have a chanco chance to Lo amend th the th statute on mechanics mechanics' mechanics mechanics' me me- mt liens Hens lens which I Is in conflict t with wih the constitution according to an opinion handed down Wednesday In Inthe inthe the Supreme court in th the ease case of th the Volker Lumber company respondents against May 11 F F. Vance and amid Irving Peterson The Tho o action wa wac to foreclose a n mechanics mechanics' lien on Mrs Vance's Vances homestead and judgment was wa secured The Tho lower 10 1 courts court's decision ion was wa reversed and amid It was vas held hell that a n nm mechanics mechanics' m c n l. l against t a n i homestead taL valued at nt le less than could hotho not hot ho bo jo collected because tho the constitution holds that a n homestead Is exempted from froni the execution of r debts The Thc opinion K states tat os that time the legislature ou ought ht to amend t the tue statute on nn liens lens because It I l Is In with time the thc constitution con COI- COI and Is therefore voil void Contract for I Lumber Mr Sirs Mrs Vance owned ownell a lot In Ogden and signed a a contract contra t with Peterson to o build a a. a house on nit tho property Peterson had a a contract with wih the re respondents re- re In tho the action acton to tn furnish the material for tho tio building The lumer lum- lum her er company took tool out nut a lien on the Peterson failed to tn pay the umber lumber bi bills and the n respondents com coin an film action to recover the en cn- tire Ure amount Judgment was rendered render render- ed el in favor of the lumber company compan rho Tho ca case e was waR appealed to the Supreme Su Su- Su- Su promo preme court and anti tIle tho con constitutionality to oC f the mechanics mechanics' lien len was U questioned The appellants held thiA th the home home- stead lead was exempted from rein debts It I vas aM also ulso argued that the tw contract did lid not contain an any stipulation giving con- con ln liens hens on the fi rJ erty The last ast point wu was sustained without com com- cor- cor further than that the tho tw appellant lid til not voluntarily give gl any lien on lh ho the property In lii 1 passing ta upon thc constitutionalIty of the tw law th the opinion staten that Mrs II Vance Vanc was wo t the owner O nel of the lw propel ty Although h she haJ had haJa hada a husband the law luw does not designate that hat the hu husband I is tiny any more mor at th the lead head of the family than thun the wife The constitution cl clearly aly defines etnes the tue tw home- home lead sead amid and holds that It shall shah be le no nomore more noro than 1600 rOO in value It I Is ex- ex from debts and amid Js Is not nol seizable for or the tho collection of a mechanics mechanics' let lIeu lien The court COlt erred the lie opinion states state in granting the Judgment and anti the decision de- de Is reversed el The ha opinion was was- written b by 13 Ju Justice D. D X N. and auth concurred In by imy Chief Justice V. W. M. M 1 McCarthy ami Justice Joseph Jn eph E E. S SS l Prick i rl S l. l S Xo G. G Grained ut In the opinion lion handed Mown for or V a 4 rehearing In the thc case caRe of Dol Dolly McCashland Mc- Mc Ic- Ic against tie tiie Wright Keogh Justice Joseph K B. B Frick held lint hat the petition petton of time the plaintiff should be le e denied Ills His opinion was wa concurred In n b by the tw at other hem members of th the bench hench The he case vai vas for tho the collection 01 of OO on for COI service f fees In Iii the tho 11 ell city court COll lh ho time plaintiff secured damages An al was wa taken to 10 the tho District court courty by bv y th the defendants and ami a IL verdict was wa l rendered fur for or lh the tho defendant It I was o to the Supreme court l cO but because the verdict was waN not for damages damages dam Jant- ages for more than the Supreme court held Unit that the lt plaintiff was as not nol entitled to a a. rehearing In the tw District court court- court |
