Bolton v. Johns
Supreme Court of Pennsylvania
In error from the Common Pleas of Montgomery county. April 3, 12, and 13. On the trial of this scire facias, the plaintiffs read in evidence the claim filed as a lien, on the 9th of March, 1843, in which it was stated that the plaintiffs, “ house carpenters, contractors with (defendants) for putting up the basement walls, doing the carpenter work, and plastering the hereinafter described buildings, and for furnishing the lumber for the erection of the same, file this their…
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In error from the Common Pleas of Montgomery county. April 3, 12, and 13. On the trial of this scire facias, the plaintiffs read in evidence the claim filed as a lien, on the 9th of March, 1843, in which it was stated that the plaintiffs, “ house carpenters, contractors with (defendants) for putting up the basement walls, doing the carpenter work, and plastering the hereinafter described buildings, and for furnishing the lumber for the erection of the same, file this their lien,” &c. The schedule annexed contained a list of twelve items of materials,' with the respective dates at which they…
1Opinion of the CourtGibson, C. J.
So far as regards the parties to the contract to build, the enactment of the statute in question was clearly constitutional. No alteration of their rights was .proposed, further than to give a- specific remedy against the property, in addition to the remedy which the contractor had against it indirectly, by action ; and retrospective laws have always been sustained where they touched not the right, but the remedy. So far there is no dispute. But the scene may be changed by the introduction of a purchaser for value actually paid, at a time when the property was free from the supposed lien; and…
2Cases cited5 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Union Canal Co. v. YoungSupreme Court of Pennsylvania · 1836
- Jones v. ShawhanSupreme Court of Pennsylvania · 1842
- Lessee of Simon v. BrownSupreme Court of Pennsylvania · 1801
- Hamilton v. executors of M'GuireSupreme Court of Pennsylvania · 1817
3Cited by7 opinions
- National Surety Co. v. WinslowSupreme Court of Minnesota · 1919
- Commonwealth ex rel. Roney v. WarwickSupreme Court of Pennsylvania · 1895
- Compton, Ault & Co. v. MarshallTexas Supreme Court · 1895
- Stewart v. DampmanSuperior Court of Pennsylvania · 1897
- Brumbach v. Pearson, Pennsylvania Court of Common Pleas, Berks County1929
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