Cahoon

Mr. Justice Terry concurred.

This cause has been re-submitted to us for the purpose of obtaining our opinion upon a point, which will be decisive of the whole subject matter of the controversy.

The question presented is, whether the garnishment served upon the owners of the building, before the notices by the sub-contractors, journeymen, etc., becomes a lien upon the fund in the hands of the owner, and takes precedence of the claims of sub-contractors.

The statute was designed for two classes of laborers and contractors ; first, master builders, mechanics, lumber merchants, and all other persons furnishing labor or materials, by contract with the owner of the building himself; and second, sub-contractors, journeymen, etc., performing labor, or furnishing materials by contract, with the master builders or contractors, and between whom and the owner there is no privity of contract whatever. It frequently happens, that persons in building or repairing houses, wharves, etc., prefer to supervise the labor themselves, and in such eases, those engaged in the construction of, or the furnishing of materials, have, by the first section of the Act, a lien on.the building, by filing a…