Legal Opinion

Kennedy v. House & Horton

Supreme Court of Pennsylvania

Decided October 31, 1861PublishedCited by 6 opinions

Error to the District Court of Allegheny county. This was a scire facias sur mechanic’s lien, in which John W. House and James Horton, partners, doing business as House & Horton, were plaintiffs, and Patrick Kennedy, as owner, and James Carnahan, as contractor, were defendants.

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Error to the District Court of Allegheny county. This was a scire facias sur mechanic’s lien, in which John W. House and James Horton, partners, doing business as House & Horton, were plaintiffs, and Patrick Kennedy, as owner, and James Carnahan, as contractor, were defendants. The premises were thus described in the lien : “ All that certain two-story brick house or building, with a furnished basement, situate in Temperanceville, in the township of Chartiers, county aforesaid, on the Steubenville Turnpike Road, containing in front on said turnpike road sixteen feet, and in depth sixteen…

1Opinion of the Court

The opinion of the court was delivered,

by Strong, J.

All the errors assigned present but one question, which is, whether the court should have instructed the jury that the claim filed was no lien and void for uncertainty, or error in the description of the building and lot of ground upon which it was erected. The claim specifies the county, the township, and the village in which the property is situated, the road upon which it fronts, the owners of the adjoining properties, the material of which the building is constructed, the number of stories, with the fact that it had a finished basement,…

2Cases cited2 opinions

  1. Ewing v. BarrasSupreme Court of Pennsylvania · 1842
  2. Springer v. KeyserSupreme Court of Pennsylvania · 1841

3Cited by6 opinions

  1. Marchak v. McClureSuperior Court of Pennsylvania · 1954
  2. May v. MoraSuperior Court of Pennsylvania · 1912
  3. Short v. AmesSupreme Court of Pennsylvania · 1888
  4. Cribbs v. McDowellSuperior Court of Pennsylvania · 1911
  5. Linden Steel Co. v. Imperial Ref. Co.Supreme Court of Pennsylvania · 1890

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