Bodey v. Thackara
Supreme Court of Pennsylvania
No. 41, January Term 1891, Sup. Ct.; court below, No. 19 June Term 1888, M. L. D., C. P. On January 28, 1889, William H. Bodey and James Livingston, trading as Bodey & Livingston, issued a scire facias sur mecb anics’ lien against Alexander M. Thackara and Eleanor Sherman Thackara, his wife, in right of said wife, owners or reputed owners, and L. W. Kitzelman, contractor. Issue.
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No. 41, January Term 1891, Sup. Ct.; court below, No. 19 June Term 1888, M. L. D., C. P. On January 28, 1889, William H. Bodey and James Livingston, trading as Bodey & Livingston, issued a scire facias sur mecb anics’ lien against Alexander M. Thackara and Eleanor Sherman Thackara, his wife, in right of said wife, owners or reputed owners, and L. W. Kitzelman, contractor. Issue. At the trial on March 17,1890, the plaintiffs offered the claim filed in evidence; admitted as evidence of the amount claimed, but not as evidence of any allegations contained therein. The claim was filed on August…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
This scire facias sur mechanics’ lien was issued by the plaintiffs, Bodey & Livingston, against the appellants, Alexander M. Thackara and Eleanor Sherman Thackara, his wife, in right of said wife, owners or reputed owners, and L. W. Kitzelman, contractor, to recover for materials furnished in and about the erection of the house.
It appears that the written contract of July 15, 1887, with Kitzelman, for the erection of the building on land conveyed to the defendant Mrs. Thackara about two months before, was made in the name of and executed by Lieut. Thackara,…
2Cited by3 opinions
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