Lehman v. Thomas
Supreme Court of Pennsylvania
THIS was a writ of error to the District Court for the city and county of Philadelphia, in which the following claim had been filed: Benjamin Lehman, of Germantown, in the county of Philadelphia, lumber merchant, claim against Joseph R. Thomas, house carpenter, of Germantown, in the county of Philadelphia and township of Germantown, or any other person or persons concerned in erecting a two-story frame house, and two-story frame kitchen, and other buildings, situated on the…
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THIS was a writ of error to the District Court for the city and county of Philadelphia, in which the following claim had been filed: Benjamin Lehman, of Germantown, in the county of Philadelphia, lumber merchant, claim against Joseph R. Thomas, house carpenter, of Germantown, in the county of Philadelphia and township of Germantown, or any other person or persons concerned in erecting a two-story frame house, and two-story frame kitchen, and other buildings, situated on the School lane, joining land on the south-west by land of John Hart, and north-west by land of Jacob Ermhardt, and on the…
1Per curiam
The court necessarily has summary power to strike from the public record an irregular claim, which, though void, might cast a suspicion on the title to the property; and if it could be done on motion, it can be done on petition and answer or demurrer, as it was done here. The form is immaterial, and we must look at the substance. The materials are stated in -this case to have been furnished within six months before the filing of the claim. For purposes of specification, it might as well have been six years. The statute requires the date to be inserted not merely that it may appear the claim…
2Cited by10 opinions
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Hiestand v. KeathSupreme Court of Pennsylvania · 1910
- St. Clair Coal Co. v. MartzSupreme Court of Pennsylvania · 1874
- Goepp v. GartiserSupreme Court of Pennsylvania · 1860
- Witman v. WalkerSupreme Court of Pennsylvania · 1844
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