Glassport Lumber Co. v. Wolf
Supreme Court of Pennsylvania
Appeal, No. 127, Oct. T., 1905, by plaintiff, from order of C. P. No. 1, Allegheny Co., March T., 1905, No. 345, discharging rule for judgment for want of a sufficient affidavit of defense in case of Glassport Lumber Company v. Nicholas Wolf, James J. Butler and Anna Wolf. Assumpsit on an injunction bond. Before Brown, J. The facts are stated in the opinion of the Supreme Court. Error assigned was in discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This is a suit on an injunction bond given by the appellees when Nicholas Wolf, one of them, filed a bill to restrain the appellant, a subcontractor, from filing a mechanic’s lien against his hotel building in the city of McKeesport. By a decree of this court the injunction awarded by the court below was dissolved and the bill dismissed, because Wolf had an adequate and complete remedy at law if the appellant had no right to file the lien: Wolf v. Glassport Lumber Co., 210 Pa. 370. The sole question on this appeal is as to that right.
On November 12, 1903, F. E.…
2Cases cited7 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
- Lucas v. O'BrienSupreme Court of Pennsylvania · 1894
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3Cited by1 opinion
- Wood v. United States Steel Corp.Supreme Court of Pennsylvania · 1955