Vansciver v. Churchill
Superior Court of Pennsylvania
Appeal, No. 45, Oct. T., 1907, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec.- T., 1905, No. 6,336, M. L. D., on verdict for plaintiff in case of Elwood Vansciver v. Frank P. Churchill, reputed owner and contractor, and the Empire State Surety Company. Issue under the act of June 4, 1901, to determine the validity of a mechanic’s lien.
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Appeal, No. 45, Oct. T., 1907, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec.- T., 1905, No. 6,336, M. L. D., on verdict for plaintiff in case of Elwood Vansciver v. Frank P. Churchill, reputed owner and contractor, and the Empire State Surety Company. Issue under the act of June 4, 1901, to determine the validity of a mechanic’s lien. Before Ralston, J. The court charged as follows: Counsel have stated to you very clearly their respective views of the evidence in this case, as to the amount, etc. I shall not go over that again. Under ordinary circumstances, in this case, the…
1Opinion of the Court
Opinion by
Morrison, J.,
In the court below the plaintiff recovered a verdict against *215the defendants for $110 for work and material alleged to have been furnished by the plaintiff in the construction of a certain building described in the lien; judgment having been entered on the verdict, defendants appealed. Upon the evidence submitted the jury found the merits of the case with the plaintiff, and we think there is sufficient evidence in the record to sustain the verdict.
The first assignment of error is to the refusal of the court, “ to strike the above case from the trial list, because the…
2Cases cited16 opinions
- Horn & Brannen Manufacturing Co. v. SteelmanSupreme Court of Pennsylvania · 1906
- Pringle v. PringleSupreme Court of Pennsylvania · 1868
- Maus v. MausSupreme Court of Pennsylvania · 1836
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
- Long v. CaffreySupreme Court of Pennsylvania · 1880
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- Jones, Inc. v. 57 Corp., Pennsylvania Court of Common Pleas, Philadelphia County1954
- Shadie Electrical Associates v. Highland Manor Associates, Pennsylvania Court of Common Pleas, Luzerne County1984