Warren v. Freeman
Supreme Court of Pennsylvania
Appeal, No. 376, Jan. T., 1897, by-plaintiff, from judgment of C. P. No. 1, Pbila. Co., June T., 1896, No. 40, M. L. D., on verdict for defendants. Scire facias sur mechanic’s lien.
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Appeal, No. 376, Jan. T., 1897, by-plaintiff, from judgment of C. P. No. 1, Pbila. Co., June T., 1896, No. 40, M. L. D., on verdict for defendants. Scire facias sur mechanic’s lien. Before Biddle, P. J. At the trial it appeared that no notice had been given to the owner of the work for which the claim was filed, and that the claim was filed under the act of June 16, 1836. The description of the work done and the changes made in the building are fully stated in the opinion of the Supreme Court. The trial judge directed a verdict for the defendants. Verdict and judgment for defendants. Frror…
1Opinion of the Court
Opinion by
Mr. Justice McCollum:,
The contention of the plaintiff is that he has, by virtue of his claim filed on June 3, 1896, under the act of June 16, 1836, a valid lien on the building described therein. It is conceded that if the alterations and repairs upon it constitute a new structure he is entitled to judgment for the amount of his claim. The defendants, however, contend that his claim is not enforceable against the building because it represents work done and materials used in altering and repairing an old building, and not in the erection and construction of a new one. The claims…
2Cases cited4 opinions
- Miller v. HersheySupreme Court of Pennsylvania · 1868
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- In re HowettSupreme Court of Pennsylvania · 1849
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- Washtenaw Lumber Co. v. BeldingMichigan Supreme Court · 1926
- Anastasi v. BrunetSuperior Court of Pennsylvania · 1952
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