Anshutz v. M'Clelland
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. David M’Clelland against Robert M’Culloch and George Anshutz, Jun.; scire facias sur mechanics’ lien.
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ERROR to the common pleas of Alleghany county. David M’Clelland against Robert M’Culloch and George Anshutz, Jun.; scire facias sur mechanics’ lien. By a deed of marriage settlement between George Anshutz, Jun. and Eve Hamshire, of the first and second part, and Francis Herron, of the other part, there was conveyed a lot of ground to the said Francis Herron, in trust for the separate use of the said Eve, during life, with remainder to her issue, &c., and in default of issue, for the said George Anshutz, if he survived his wife, &c. George Anshutz, Jun., subsequently leased the property to…
1Opinion of the Court
*490The opinion of the Court was delivered by
Kennedy, J.
The counsel for the plaintiffs in error, who were the defendants below, made several points, upon which they requested the direction of the court to the jury. And they have assigned for error here, that the court erred in their charge to the jury upon each of them.
It is not necessary, however, to express or give any opinion excepting on the second; because, we consider the objection, thereby raised insuperable and sufficient to prevent the plaintiff’s proceeding any further in the court below upon his writ of scire facias. Where there are…
2Cited by8 opinions
- Jones v. ShawhanSupreme Court of Pennsylvania · 1842
- Rosenberg v. CupersmithSupreme Court of Pennsylvania · 1913
- Delaney v. GaultSupreme Court of Pennsylvania · 1858
- Waters v. WolfSupreme Court of Pennsylvania · 1894
- Holdship v. AbercrombieSupreme Court of Pennsylvania · 1839
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