Harker v. Conrad
Supreme Court of Pennsylvania
Writ of error to the District Court for the city and county of Philadelphia, in a scire facias issued by Conrad and Lancaster, the defendants in error, against Harker and Thorn, the plaintiffs in error, upon a claim filed under the mechanics’ lien law, in these words:— “ Conrad and Lancaster claim, in their own right, the sum of three l\undred and forty-four dollars, and thirty-four cents, against Marker and Thorn, the owners, or reputed owners, of a three storied brick…
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Writ of error to the District Court for the city and county of Philadelphia, in a scire facias issued by Conrad and Lancaster, the defendants in error, against Harker and Thorn, the plaintiffs in error, upon a claim filed under the mechanics’ lien law, in these words:— “ Conrad and Lancaster claim, in their own right, the sum of three l\undred and forty-four dollars, and thirty-four cents, against Marker and Thorn, the owners, or reputed owners, of a three storied brick house, situate on the south side of Walnut street, between Eleventh and Twelfth streets, in the city of Philadelphia, and…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
As the charge of the judge was right on ail the points but one, it is unnecessary to make any other than that point the subject of particular remark. The jury were directed, that under the circumstances of the case, the right to appropriate the payment made on the 3d of July, 1820, devolved on the plaintiffs below, The circumstances of the case were these: The plaintiffs, Conrad and Lancaster, had distinct claims against the defendants, Har~ Jeer and Thorn, for labour and materials furnished towards the erection of a house in Walnut street,…
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