Ammendale Normal Institute v. Anderson

Bryan, J., delivered the opinion of the Court. The Ammendale Horma] Institute of Prince George’s County, a corporation, made a contract with John Carey for the construction of an addition to a building which belonged to the Institute. The amount stipulated to be paid was twenty thousand nine hundred and twenty-eight dollars. The work to be done, and the times and amounts of the payments were particularly specified in a written contract.

It appears that John T. Fahey has obtained a judgment against Carey, and has issued an attachment on the judgment, and caused it to be laid in the hands of the corporation; and that a number of persons allege that they have mechanics’ liens for work done, and materials furnished to the addition to the building; and that two of these persons, John Anderson and Michael P. Cooney, have filed a bill in equity for the purpose of enforcing the payments of their alleged claims. The corporation above named filed a bill in ¹³⁰ equity, stating that it had a balance in hand due to Carey under the contract, •which it was prepared to pay to the person entitled to receive the same. This balance is not sufficient to pay the alleged claims. It stated that it could not know with certainty to whom it ought to make payment, because of the conflicting claims; and that it was entitled to have an adjudication of the different claims for the purpose of securing itself against making any payments to any persons not entitled to receive them; and that it was entitled to have the build-ding relieved from liability for the claims for work and materials.

An injunction was prayed against Anderson and Coonej1'; and subpoenas against Fahey and the other persons who claimed liens. Anderson, Cooney and other defendants demurred. The Court sustained the demurrer, and dismissed the bill of complaint. The bill brings a number of parties