Legal Opinion

Sullivan's Appeal

Supreme Court of Pennsylvania

Decided November 19, 1874PublishedCited by 3 opinions

Appeal from the Court of Common Pleas of Crawford county: Of October and November Term 1874. In the distribution of the proceeds of the sheriff’s sale of the personal estate of Harry Chamberlin. Of the proceeds of the sheriff’s sale $200 were considered as being in court; the same being claimed by the Meadville'Savings Bank, execution-creditors, and by Mary Sullivan, who claimed them as wages of a laborer, under the Act of April 9th 1872, sect. 1, Pamph. L. 47, 2 Br.

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Appeal from the Court of Common Pleas of Crawford county: Of October and November Term 1874. In the distribution of the proceeds of the sheriff’s sale of the personal estate of Harry Chamberlin. Of the proceeds of the sheriff’s sale $200 were considered as being in court; the same being claimed by the Meadville'Savings Bank, execution-creditors, and by Mary Sullivan, who claimed them as wages of a laborer, under the Act of April 9th 1872, sect. 1, Pamph. L. 47, 2 Br. Purd. 1464. The parties in a case stated agreed upon the following facts:— * * * “ Mary Sullivan, at the time of the sale,…

1Opinion of the Court

Judgment was entered in the Supreme Court,

2Per curiam

A cook in a hotel is not within the terms or intent of the Act of April 9th 1872, Pamph. L. 44, securing a lien for money due for labor and services by any miner, mechanic, laborer or clerk, from any person or chartered company employing clerks, miners, mechanics and laborers, as lessees, contractors or owners of any works, mines, manufactories, or other business., or where clerks, miners or mechanics are employed.

Decree affirmed and appeal dismissed, with costs to be paid by the appellant.

3Cited by3 opinions

  1. Burns v. Coyne Et Ux.Supreme Court of Pennsylvania · 1928
  2. Lowe v. AbrahamsonNorth Dakota Supreme Court · 1908
  3. James Rees & Sons Co. v. HulingsSuperior Court of Pennsylvania · 1899

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