Legal Opinion

Tenth National Bank v. Smith Construction Co.

Supreme Court of Pennsylvania

Decided June 3, 1907No. 1; Appeal, No. 155PublishedCited by 13 opinions

Appeal, No. 155, Jan. T., 1907, by Fourth Street National Bank, from decree of C. P. York Co., April T., 1905, No. 1, sustaining exceptions to auditor’s report in case of The Tenth National Bank of Philadelphia v. Smith Construction Co. Exceptions to report of David P. Klinedinst, Esq., auditor. The opinion of the Supreme Court states the case. Errors assigned were in sustaining exceptions to report of auditor.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

By section 6 of the mechanic’s lien Act of June 4,1901, P. L. 431, as amended by the Act of April 22, 1903, P. L. 255, a *582subcontractor is protected for labor or materials furnished “ for any structure or other improvement for purely public purposes.” He may have this protection by giving “ a written and duly sworn notice to the commonwealth, or any division or subdivision thereof, or any purely public agency thereunder, being the owner of the structure or other improvement, setting forth the facts which would have entitled him to a lien as against the structure or…

2Cases cited2 opinions

  1. Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
  2. Knelly v. HorwathSupreme Court of Pennsylvania · 1904

3Cited by13 opinions

  1. Dyer v. WallaceSupreme Court of Pennsylvania · 1919
  2. Tesauro v. BAIRDSuperior Court of Pennsylvania · 1975
  3. McVey v. KaufmannSupreme Court of Pennsylvania · 1909
  4. Tenth National Bank v. Construction Co.Supreme Court of Pennsylvania · 1910
  5. Keely v. JonesSuperior Court of Pennsylvania · 1908

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