Thompson v. Radell
Superior Court of Pennsylvania
Appeal, No. 59, Oct. T., 1909, by plaintiffs, from order of C. P. Montgomery Co., June T., 1908, No. 21, making absolute rule to strike off mechanic’s lien in case of Samuel H. Thompson and Albert H. Wills, trading as Thompson and Wills v. Frederick W.' Radell, owner or reputed owner and Phoenix Wood Working Co., contractor. Rule to strike off mechanic’s lien. Before Swartz, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 59, Oct. T., 1909, by plaintiffs, from order of C. P. Montgomery Co., June T., 1908, No. 21, making absolute rule to strike off mechanic’s lien in case of Samuel H. Thompson and Albert H. Wills, trading as Thompson and Wills v. Frederick W.' Radell, owner or reputed owner and Phoenix Wood Working Co., contractor. Rule to strike off mechanic’s lien. Before Swartz, P. J. The opinion of the Superior Court states the case. Error assigned was order making absolute rule to strike off mechanic’s lien.
1Opinion of the Court
Per Curiam,
We have naught to do with the wisdom of the requirement of the twenty-first section of the Act of June 4,1901, P. L. 431, that the claimant shall within one month after filing of the claim file of record in the proceedings an affidavit setting forth the fact and manner of service of notice upon the owner of the filing of the claim. The legislature deemed it a wise requirement, and that ought to be conclusive of the question of the necessity of complying with it. And even if the question of the reasonableness of the provision were open to discussion, valid reasons could be given in…
2Cited by8 opinions
- Samango v. HobbsSuperior Court of Pennsylvania · 1950
- Rees, Weaver & Co. v. M.B.C. Paper Mill Corp.Superior Court of Pennsylvania · 1979
- Day & Zimmermann, Inc. v. Blocked Iron Corp. of America, Pennsylvania Court of Common Pleas, Philadelphia County1958
- Laird Lumber Co. v. Billioni, Pennsylvania Court of Common Pleas, Mercer County1957
- Schoser v. Chaplin, Pennsylvania Court of Common Pleas, Luzerne County1937
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