Keely v. Jones
Superior Court of Pennsylvania
Appeal, No. 95, Oct. T., 1907, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1906, No. 6, for defendant on the whole record in case of Elizabeth H. Keely, Administratrix of the Estate of Jesse Roberts, deceased, v. Lena D. Jones, owner or reputed owner, and Bernard Dobbins and George F. Dobbins, trading as Dobbins Brothers, Contractors, and Lena D. Jones. Scire facias sur mechanic’s lien. Before Swartz, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 95, Oct. T., 1907, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1906, No. 6, for defendant on the whole record in case of Elizabeth H. Keely, Administratrix of the Estate of Jesse Roberts, deceased, v. Lena D. Jones, owner or reputed owner, and Bernard Dobbins and George F. Dobbins, trading as Dobbins Brothers, Contractors, and Lena D. Jones. Scire facias sur mechanic’s lien. Before Swartz, P. J. The opinion of the Superior Court states the case. The court entered judgment for defendant on the whole record. Error assigned was the judgment of the court. — It is not…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant is the representative of a subcontractor who filed a lien against the appellee. Judgment was entered in favor of the owner on the whole record. The defense set up was that notice of an intention to file the lien was not served on the owner at least one month before the claim was filed, and the case turns on the question whether a lien filed less than thirty days after notice may be enforced. The eighth section of the Act of June 4, 1901, P. L. 431, provides that “Any subcontractor, intending to file a claim, must give to the owner written notice to that…
2Cases cited5 opinions
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Knelly v. HorwathSupreme Court of Pennsylvania · 1904
- Westmoreland Guarantee Building & Loan Ass'n v. ConnorSupreme Court of Pennsylvania · 1907
- Tenth National Bank v. Smith Construction Co.Supreme Court of Pennsylvania · 1907
- Wolf Co. v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
3Cited by8 opinions
- Rees, Weaver & Co. v. M.B.C. Paper Mill Corp.Superior Court of Pennsylvania · 1979
- Rich v. BoguszinskySuperior Court of Pennsylvania · 1926
- Miller v. FitzSuperior Court of Pennsylvania · 1910
- Seelar v. East End Mantel & Tile Co.Superior Court of Pennsylvania · 1914
- Keber v. Stellato, Pennsylvania Court of Common Pleas, Beaver County1951
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