Legal Opinion

Milligan v. Phipps

Supreme Court of Pennsylvania

Decided February 20, 1893No. Appeal, No. 336PublishedCited by 7 opinions

Appeal, No. 336, Jan. T., 1892, by plaintiff, Samuel Milligan, from order of C. P. Delaware Co., June T., 1891, No. 57, making absolute rule to strike off mechanic's lien. Rule to strike off mechanic’s lien. The mechanic’s lien was in the following form: “Samuel Milligan v. Amanda A. Phipps, owner or reputed owner, and Alfred P. Phipps, contractor.

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Appeal, No. 336, Jan. T., 1892, by plaintiff, Samuel Milligan, from order of C. P. Delaware Co., June T., 1891, No. 57, making absolute rule to strike off mechanic's lien. Rule to strike off mechanic’s lien. The mechanic’s lien was in the following form: “Samuel Milligan v. Amanda A. Phipps, owner or reputed owner, and Alfred P. Phipps, contractor. “ Samuel Milligan, of the city of Philadelphia, architect, files this his claim for the payment of the sum of nine hundred dollars against all that certain two-and-a-half story stone dwelling house, erected on all that certain lot or piece of…

1Opinion of the Court

Opinion by

Mr. Chief Justice Paxson,

The learned judge below struck off the mechanic’s lien filed in this case for matters dehors the record. It was done in pursuance of a petition presented to the court by Amanda Phipps, the owner, setting forth that she is a married woman, the wife of the said Alfred P. Phipps (contractor), and praying the court to strike off the lien for the following reasons :

First. In that it does not set forth the coverture of the petitioner.

Second. In that it does not appear from the record of said lien that the work was done or the materials were furnished in and about…

2Cases cited2 opinions

  1. Real Estate Inv. Co. v. RoopSupreme Court of Pennsylvania · 1890
  2. Koechling v. Henkel, Pennsylvania Court of Common Pleas, Lancaster County1891

3Cited by7 opinions

  1. Adams v. GreySupreme Court of Pennsylvania · 1898
  2. Stephan v. HudockSuperior Court of Pennsylvania · 1897
  3. Campe v. HorneSupreme Court of Pennsylvania · 1893
  4. McCormick v. BottorfSupreme Court of Pennsylvania · 1893
  5. Dennis v. GroveSuperior Court of Pennsylvania · 1897

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