Hillary v. Pollock
Supreme Court of Pennsylvania
January 14th, on the trial of this case, which was a sci. fa. on a mechanic’s lien, the plaintiff proved the delivery of the goods, and the entries in his books, commencing Sept. 12th, 1845. The defendant showed the bill of particulars annexed, which commenced, “1846, Sept. 12th;” this was filed March Y, 1846, and recited the delivery within six months, last past; on this he contended, and PARSONS, J. so instructed the jury, that the mistake and variance were fatal.
1Opinion of the Court
*187The opinion of Ihe Court was delivered by
Burnside, J.
This case presents but a single question. The mechanic’s lien was filed in the office of the prothonotary, on the 7th day of March, 1846, to which was attached, by the plaintiff, a bill of particulars, exhibiting the kind and amount of materials furnished for the buildings, the price of each article, and the time furnished; but on the bill of particulars the plaintiffs or their attorney made a mistake in the margin, by writing in figures “1846 ” instead of 1845; this is manifest, as the first item in the bill was September 12, 1846, a date…
2Cases cited1 opinion
- Commonwealth v. BlaineSupreme Court of Pennsylvania · 1811
3Cited by5 opinions
- McFerren EstateSupreme Court of Pennsylvania · 1950
- Snyder's EstateSupreme Court of Pennsylvania · 1907
- Estate of James McGawSuperior Court of Pennsylvania · 1925
- McFerren EstateSupreme Court of Pennsylvania · 1950
- Rice Estate, Pennsylvania Court of Common Pleas, Chester County1972