Woy v. McCann
Superior Court of Pennsylvania
Appeal, No. 58, April T., 1911, by defendant from judgment of C. P. Cambria Co., Dec. Term, 1908, No. 534, on verdict for plaintiffs in case of John Woy et al., trading as Johnstown Planing Mill Company v. George B. McCann, owner. Scire facias sur mechanic’s lien. Before O’Connor, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiffs for $1,067.32. Defendant appealed.
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Appeal, No. 58, April T., 1911, by defendant from judgment of C. P. Cambria Co., Dec. Term, 1908, No. 534, on verdict for plaintiffs in case of John Woy et al., trading as Johnstown Planing Mill Company v. George B. McCann, owner. Scire facias sur mechanic’s lien. Before O’Connor, P. J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiffs for $1,067.32. Defendant appealed. Errors assigned were (1-3) rulings on evidence referred to in the opinion of the Superior Court and (4) in refusing a new trial.
1Opinion of the Court
Opinion by
Morrison, J.,
This is a sci. fa. sur mechanic’s lien against George B. McCann, owner or reputed owner, and H. B. Blair, contractor. There was a verdict and judgment in the court below against both defendants and this is the separate appeal of McCann, the owner.
At the trial it was conceded that the lien was in due form and that it was filed according to law and the contractor, Blair, practically conceded his liability. The plaintiffs claimed $928.02, and interest thereon, for lumber furnished to the contractor for the construction of a dwelling house for McCann, appellant. The…
2Cases cited4 opinions
- Gaines v. CommonwealthSupreme Court of Pennsylvania · 1864
- Acklin v. McCalmont Oil Co.Supreme Court of Pennsylvania · 1902
- Brown v. FinneySupreme Court of Pennsylvania · 1871
- Roland v. EckmanSuperior Court of Pennsylvania · 1899