McFarland v. Schultz
Supreme Court of Pennsylvania
Appeal, No. 86, Jan. T., 1895, by-defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1898, No. 101, M. L. D., on verdict for plaintiff. Scire facias sur mechanic’s lien.
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Appeal, No. 86, Jan. T., 1895, by-defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1898, No. 101, M. L. D., on verdict for plaintiff. Scire facias sur mechanic’s lien. Prom the record it appeared that the following claim was filed on April 21, 1893 : “ The said William McFarland (carter and digger) files this claim for $158.60 against all those sixteen contiguous three-story brick dwelling houses and lots or pieces of ground situate on the west side of Seventh street, commencing at 200 feet north from the north side of Somerset street, Thirty-third ward, Philadelphia, and more…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We think it is clear that the claim filed in this case was fatally defective and that the rule to strike it off should have been made absolute. It did not adequately set forth the nature and kind of the work done nor when it was done. The claimant was a subcontractor and bound to strict compliance with the provisions of the statute on which he relied for his lien. The reasons for exacting such compliance were clearly stated by Strong, J., in Russell v. Bell, 44 Pa. 47, and need not be repeated here. It has been repeatedly held by this court that a subcontractor…
2Cases cited7 opinions
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Fahnestock v. SpeerSupreme Court of Pennsylvania · 1879
- Russell v. BellSupreme Court of Pennsylvania · 1863
- Brown v. Myers & Rathfon, Pennsylvania Court of Common Pleas, Lancaster County1892
- Knox v. HiltySupreme Court of Pennsylvania · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Burrows v. CarsonSupreme Court of Pennsylvania · 1914
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Marchak v. McClureSuperior Court of Pennsylvania · 1954
- Chapman v. FaithSuperior Court of Pennsylvania · 1902
20 more not listed; retrieve them via the Exa API.