Miller v. Hershey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1867, No. 95. This was a scire facias on a mechanics’ lien to November Term 1863 by William Miller, who survived David Eellenbaum, against the assignees of Christian Hershey and wife, owners, and Elias Doner, fcontractor.
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1867, No. 95. This was a scire facias on a mechanics’ lien to November Term 1863 by William Miller, who survived David Eellenbaum, against the assignees of Christian Hershey and wife, owners, and Elias Doner, fcontractor. The lien was filed, October 26th 1860, for machinery to the amount of $504.69; the building was ■ described as “ a two storied stone grist mill, 33 feet more or less front on the east, and 30 feet deep, with a water-house at the rear, 10 feet wide, and 36 feet long, with the ground and appurtenances thereto…
1Opinion of the Court
The opinion of the court was delivered, August 1st 1868, by
Agnew, J.
The judgment of the court below, non obstante veredicto, is objected to, because the facts upon which the reserved question arises do not appear in the record. A question of law cannot arise in a judicial sense without facts. The facts out of which the question springs must be seen in the record proper, or in the superadded statute record furnished by a bill of exceptions. This is quite as true in the case of reserved questions of law as in other cases, and has been stated in Irwin v. Wickersham, and Wilson v. Steamboat…
2Cases cited1 opinion
- Lowther v. LawrenceOhio Supreme Court · 1833
3Cited by22 opinions
- Commonwealth v. McHughSupreme Court of Pennsylvania · 1962
- Finch v. Conrade'sSupreme Court of Pennsylvania · 1893
- Warren v. FreemanSupreme Court of Pennsylvania · 1898
- Malone v. HosfeldSuperior Court of Pennsylvania · 1913
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1908
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