Legal Opinion

Owen v. Johnson

Supreme Court of Pennsylvania

Decided March 2, 1896No. Appeal, No. 172PublishedCited by 11 opinions

Appeal, No. 172, July T., 1895, by defendant, John B. F. Johnson, owner, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1891, No. 592, M. L. D., on verdict for plaintiffs. Scire facias sur mechanic’s lien. The facts appear by the opinion of the Supreme Court. At the trial the court reserved this question: Whether the plaintiffs are entitled to a lien for goods furnished to William E. Schaefer, in and about the construction of the houses referred to in the claim filed.

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Appeal, No. 172, July T., 1895, by defendant, John B. F. Johnson, owner, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1891, No. 592, M. L. D., on verdict for plaintiffs. Scire facias sur mechanic’s lien. The facts appear by the opinion of the Supreme Court. At the trial the court reserved this question: Whether the plaintiffs are entitled to a lien for goods furnished to William E. Schaefer, in and about the construction of the houses referred to in the claim filed. Verdict for plaintiffs for $1,077.30, and the jury found, (1) that the value of the materials supplied for the buildings…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

All issues of fact raised at the trial were settled by the special verdict, and the only question now to be considered is whether judgment was properly entered for the plaintiffs. An apportioned claim was filed against ten houses for plumbing and gas fitting materials furnished. John B. Johnson, who was a builder, subdivided a tract of land which he owned into lots, and erected buildings thereon, purchasing the materials and superintending the construction except as to the painting and plumbing, for which he made contracts. For the whole of the plumbing for the…

2Cases cited4 opinions

  1. Harlan v. RandSupreme Court of Pennsylvania · 1856
  2. Singerly v. DoerrSupreme Court of Pennsylvania · 1869
  3. Duff v. HoffmanSupreme Court of Pennsylvania · 1870
  4. Schenck v. UberSupreme Court of Pennsylvania · 1876

3Cited by11 opinions

  1. Horn & Brannen Manufacturing Co. v. SteelmanSupreme Court of Pennsylvania · 1906
  2. Demharter v. First Federal Savings & Loan Ass'nSupreme Court of Pennsylvania · 1963
  3. Kountz Bros. v. Consolidated Ice Co.Superior Court of Pennsylvania · 1905
  4. Garber & Sons, Inc. v. Draper, Pennsylvania Court of Common Pleas, Lehigh County1954
  5. Haas v. Wagner, Pennsylvania Court of Common Pleas, Lycoming County1951

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