M'Mullin v. Gilbert
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia, to remove the record of a scire facias upon a mechanic’s claim, brought by William Gilbert against John T. M'Mullin.
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Error to the District Court for the City and County of Philadelphia, to remove the record of a scire facias upon a mechanic’s claim, brought by William Gilbert against John T. M'Mullin. The claim was filed according to the act of assembly, against . John T. M’Mullin, owner, and James Rue builder, for bricks, amounting to $134,96, furnished to a certain brick-building, “ situate on the east side of Delaware Sixth street in the City of Philadelphia, 'at the distance of feet northward from the north side of Race street.” On the trial of the1 cause before Judge Stroud, the plaintiff first offered…
1Per curiam
The original entries were certainly competent evidence of sale and delivery, and what more did they purport to prove? barely that the materials .were furnished on the credit of a particular house. But in Hills v. Elliott, (16 Serg. & Rawle, 56,) it was ruled that unless credit be given to the building, there can be no lien on it, though the materials be used in the construction of it. What better evidence can there be of the subject of the credit, than the subject to which it is charged ? It is impossible to imagine an objection to the evidence.
Judgment affirmed.
2Cases cited1 opinion
- Hills v. ElliottSupreme Court of Pennsylvania · 1827
3Cited by2 opinions
- Young v. ChambersSupreme Court of Pennsylvania · 1851
- Garrison v. Van LuvenSuperior Court of Pennsylvania · 1914