Hiestand v. Keath
Supreme Court of Pennsylvania
Appeal, No. 112, Jan. T., 1910, by plaintiffs, from judgment of the Superior Court, Oct. T., 1909, No. 167, affirming a judgment and decree of C. P. Lancaster Co., entered in Mechanic’s Lien Docket, No. 7, page 85, striking off a lien in case of B. Frank Hiestand et ah, partners, trading as B. F. Hiestand & Sons, v. Willis Keath. Petition to strike off a mechanic’s lien in the common pleas. Before Landis, P. J. Appeal from Superior Court.
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Appeal, No. 112, Jan. T., 1910, by plaintiffs, from judgment of the Superior Court, Oct. T., 1909, No. 167, affirming a judgment and decree of C. P. Lancaster Co., entered in Mechanic’s Lien Docket, No. 7, page 85, striking off a lien in case of B. Frank Hiestand et ah, partners, trading as B. F. Hiestand & Sons, v. Willis Keath. Petition to strike off a mechanic’s lien in the common pleas. Before Landis, P. J. Appeal from Superior Court. The facts appear in the opinion of the Supreme Court; see 42 Pa. Superior Ct. 403. Error assigned was judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was a mechanic’s lien filed by the contractors against the owner to enforce the payment of $449.69, for lumber furnished the owner and used by him in the erection and construction of a building. The defendant owner presented a petition to the court and obtained a *151rule to strike off the lien alleging among other reasons that “the lien sets forth that it is filed against a two-story double frame dwelling house, which is in direct violation of the twelfth section of the aforesaid act of June 4, 1901, which provides: ‘A. single claim may be filed against more…
2Cases cited2 opinions
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