Moore v. Carter
Pennsylvania Court of Common Pleas, Alleghany County
No. 204 October Term 1891, Sup. Ct.; court below, No. 526 March Term 1889, C. P. No. 1. On February —, 1889, John F. Moore, for the use of C. B. Willey, brought scire facias sur mechanics’ lien against Maria’ Carter and E. I. Carter, her husband. • Issue.
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No. 204 October Term 1891, Sup. Ct.; court below, No. 526 March Term 1889, C. P. No. 1. On February —, 1889, John F. Moore, for the use of C. B. Willey, brought scire facias sur mechanics’ lien against Maria’ Carter and E. I. Carter, her husband. • Issue. At the trial, on March 18, 1891, the following facts were shown: On February 20,1888, E. I. Carter and John F. Moore entered into a written contract for the erection by said Moore, the plaintiff, on a lot of ground owned by Maria Carter, wife of E. I. Carter, of a dwelling, an office, a carriage-house and stable, in accordance with certain…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
The second and third specifications of error may be considered together, as they involve the same principle. The contract in evidence required releases from all contractors furnishing materials, to be produced at the time of the completion of the building, and before the payment under the contract was to be made. At the time the claim was filed and the scire facias issued, there were upon the records certain liens filed by material-men, and it was claimed by the defendants that no right of action accrued until these liens had been satisfied. Upon the trial…
2Cases cited2 opinions
- Bryant v. StilwellSupreme Court of Pennsylvania · 1855
- Sticker v. OverpeckSupreme Court of Pennsylvania · 1889
3Cited by15 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Murphy v. BearSupreme Court of Pennsylvania · 1913
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Charles A. Klinges, Inc. v. Camblos Construction Corp.Superior Court of Pennsylvania · 1961
- Moyer v. DiehlSuperior Court of Pennsylvania · 1939
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