Wharton v. Real Estate Investment Co.
Supreme Court of Pennsylvania
Appeal, No. 403, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 40, M. L. D., on a mechanic’s lien claim. Scire facias sur mechanic’s lien.
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Appeal, No. 403, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 40, M. L. D., on a mechanic’s lien claim. Scire facias sur mechanic’s lien. The claim filed was as follows : Joseph S. Lovering Wharton and William S. Hallowed, trading as the Harrison Safety Boiler Works, manufacturers of steam boilers, hereby file their claim against the building hereinbefore mentioned commonly called the Lincoln Apartment House and ■the lot of ground appurtenant thereto, and set forth the same as follows: The names of the parties claimant are Joseph S. Lovering…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The act of 1836 and its predecessors gaye a lien only for work done and materials furnished “ for and about the erection and construction ” of a building, and this was uniformly understood to mean a new building. See Hancock’s Appeal, 115 Pa. 1. When therefore it was held in Kelly y. Brown, 20 Pa. 446, that the lien need not use the very words of the statute but that any equivalent words would be sufficient, no confusion was created, for there was but one kind of lien and one kind of structure, a new building, to which it could attach. When however the…
2Cases cited9 opinions
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
- Fahnestock v. SpeerSupreme Court of Pennsylvania · 1879
- Thomas v. HinkleSupreme Court of Pennsylvania · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
- Knelly v. HorwathSupreme Court of Pennsylvania · 1904
- Kolb v. Reformed Episcopal Church of ReconciliationSuperior Court of Pennsylvania · 1901
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
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