Jarechi v. Philharmonic Society
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1875, No. 261. This was a scire facias sur mechanic’s lien, issued April 2d 1874, by Jarechi, Hays & Co. against the Philharmonic Society. The claim, amounting to $1060,90, was filed under the Act of April 14th 1855, sect. 1, Pamph. L. 238, 2 Br. Purd. 1027, pi. 14, extending the provisions of the Mechanics’ Lien Law to plumbing, gas-fitting, and furnishing and erection of grates and furnaces.
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1875, No. 261. This was a scire facias sur mechanic’s lien, issued April 2d 1874, by Jarechi, Hays & Co. against the Philharmonic Society. The claim, amounting to $1060,90, was filed under the Act of April 14th 1855, sect. 1, Pamph. L. 238, 2 Br. Purd. 1027, pi. 14, extending the provisions of the Mechanics’ Lien Law to plumbing, gas-fitting, and furnishing and erection of grates and furnaces. The case was referred to B. J. Reid, Esq., as legal arbitrator, under the Act of April 6th 1870, Pamph. L. 948, and Act of…
1Opinion of the CourtJustice Sharswood
The learned legal arbitrator below very properly considered himself bound by the authority of Yaughen v. Haldeman, 9 Casey 522, and decided accordingly; but his report contains a labored argument against the judgment in that case, and we are now urged by the plaintiffs in error to reconsider and overrule it. Upon the fullest consideration, however, we have determined to adhere to it. It is frankly conceded that the Act of April 14th 1855, Pamph. L *405288, did not operate to extend the lien of mechanics to gas-fixtures as distinguished from gas-fittings, if a lien for the former did not exist…
2Cited by9 opinions
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- Penn-Lehigh Corp. AppealSuperior Court of Pennsylvania · 1960
- In Re ReeseUnited States Bankruptcy Court, D. Maryland · 1996
- Garrett v. StateMississippi Supreme Court · 1952
- Hilt Estate, Pennsylvania Court of Common Pleas, Bucks County1981
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