Delaware General Assembly

CHAPTER 159

MECHANICS' LIENS

AN ACT to Amend Chapter 79 of the Revised Code of Delaware (1915) in Reference to Mechanics' Liens; Providing, That Persons Entitled to Such Liens May Also Maintain Personal Actions for the Same Debt.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 79 of the Revised Code be, and the same is hereby amended by adding a new Section in Article 1 of the said Chapter 79 which said new Section shall follow the Section designated as 2843, which said new Section shall be designated as 2843 A and shall be as follows:

Nothing in this Chapter contained shall be construed to impair or otherwise affect the right of any person to whom any debt may be due for work and labor done or materials furnished in the erection, alteration or repair of any building house or structure, to maintain any personal action against the owner or owners or reputed owner or owners of said building house or structure or against any contractor or against the same and other contracting parties for the same or for any greater or less demand before, concurrently with, or after the proceedings for obtaining the lien upon the said building house or structure as provided in this chapter and the judgment whether for the plaintiff or defendant or any of the defendants in such personal action shall in no wise impair, alter or affect the said lien or the proceedings or judgment or execution provided for in this chapter.

When the claimant shall proceed under this chapter for availing himself of his lien and shall likewise institute any personal action for the same demand or any part thereof or for a demand of which the amount for which he claims a lien is a part it shall be no objection in either suit that some of the parties defendant in the one suit are not also parties defendant in the other suit PROVIDED, HOWEVER, that in any such personal action or in the suit to avail himself of said lien which ever is last docketed, the plaintff shall file an affidavit setting out the demand in each of said suits and stating to what extent the respective demands are identical. And the judgment in either of said actions shall not be pleaded as a bar in the other of said actions.

And whenever any moneys shall be applied on the judgment on either of said demands pursuant to the execution thereof or pursuant to any other execution proceedings the said Superior Court may order all or any part thereof to be credited also on the judgment in the other of said demands according to the equity of the matter as the same shall appear to the Court.

Approved April 11, 1933.