Northern Electrical Manufacturing Co. v. Columbia Brewing Co.
Superior Court of Pennsylvania
Appeal, No. 18, Oct. T., 1910, by plaintiff, from order of C. P. Schuylkill Co., March T., 1909, No. 1, making absolute rule to strike off mechanic’s lien in case of The Northwestern Electrical Manufacturing Company v. The Columbia Brewing Company, Owner, and the Wilkirk Electric Company, Contractor. Rule to strike off mechanic’s lien. Before Bechtel, J. The facts are stated in the opinion of the Superior Court. Error assigned was order striking off hen.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff appeals from an order of the court below striking off a mechanic’s lien. The ground upon which the learned judge of the court below based his action was that the notice given by the appellant to the owner of an intention to file this lien had not been served in time. The claim as filed averred that written notice of the intention to file the lien had been duly served upon the owner on October 27, 1908, and that it was so served is not questioned. Whether service upon that day was in time is, for present purposes, to be determined by the facts averred in the…
2Cases cited6 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1906
- Willson v. CanevinSupreme Court of Pennsylvania · 1910
- Hiestand v. KeathSupreme Court of Pennsylvania · 1910
- Burger v. S. R. Moss Cigar Co.Supreme Court of Pennsylvania · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dunham-Bush, Inc. v. Murray's 51 Lanes, Inc.Supreme Court of Pennsylvania · 1963
- Burrows v. CarsonSuperior Court of Pennsylvania · 1913
- Schoser v. Chaplin, Pennsylvania Court of Common Pleas, Luzerne County1937