Legal Opinion

Caldwell v. Keating

Superior Court of Pennsylvania

Decided October 14, 1901No. Appeal, No. 65PublishedCited by 3 opinions

Appeal, No. 65, April T., 1901, by plaintiffs, from order of C. P. Venango Co., Aug. T., 1899, No. 1, refusing to take off nonsuit in case of C. B. Caldwell and William K. Borland, Partners, trading as Caldwell & Borland, v. Michael Keating, Mary A. Keating, Margaret Keating, Bridget E. Keating, Thomas E. Keating and Catherine Keating, Owners or Reputed Owners and T. E. Woodring, Contractor. Scire facias sur mechanic’s lien.

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Appeal, No. 65, April T., 1901, by plaintiffs, from order of C. P. Venango Co., Aug. T., 1899, No. 1, refusing to take off nonsuit in case of C. B. Caldwell and William K. Borland, Partners, trading as Caldwell & Borland, v. Michael Keating, Mary A. Keating, Margaret Keating, Bridget E. Keating, Thomas E. Keating and Catherine Keating, Owners or Reputed Owners and T. E. Woodring, Contractor. Scire facias sur mechanic’s lien. Before Criswell, P. J. At the trial it appeared that a lien was filed for material furnished for a building operation against a building claimed to be a new structure.…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The building operation out of which this litigation arose consisted of certain changes made in an old two-story frame dwelling house. A new roof having a greater pitch than the old was put on ; new weather boarding was nailed on over the old upon the entire building; the old window frames and sash were taken out and new put in the same places; a bay window was built, projecting from one of the rooms on the first floor, and a small china closet projecting three feet from the dining *301room on the other side of the house; a new front door was put on in place of the old,…

2Cases cited6 opinions

  1. Miller v. HersheySupreme Court of Pennsylvania · 1868
  2. Warren v. FreemanSupreme Court of Pennsylvania · 1898
  3. Smyers v. BeamSupreme Court of Pennsylvania · 1893
  4. German Fairhill Building Ass'n v. HeebnerSuperior Court of Pennsylvania · 1897
  5. Long v. McLanahanSupreme Court of Pennsylvania · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Malone v. HosfeldSuperior Court of Pennsylvania · 1913
  2. Boettiger v. WeberSuperior Court of Pennsylvania · 1914
  3. Porter v. WeightmanSuperior Court of Pennsylvania · 1905

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