Knox v. Hilty
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 196 October Term 1887, Sup. Ct.; court below, No.. 18 September Term 1886, C. P. No. 1. The cause below was an alias scire facias sur mechanics’' lien filed to No. 50 March Term 1885, in which scire facias. Daniel Hilty'was plaintiff and Andrew Knox and Marcia J. Knox, his wife, owner or reputed owner. The plea was not. shown.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 196 October Term 1887, Sup. Ct.; court below, No.. 18 September Term 1886, C. P. No. 1. The cause below was an alias scire facias sur mechanics’' lien filed to No. 50 March Term 1885, in which scire facias. Daniel Hilty'was plaintiff and Andrew Knox and Marcia J. Knox, his wife, owner or reputed owner. The plea was not. shown. At the trial on April -26,1887, before Collier, J., the facts. appeared: On January 80,1885, Daniel Hilty filed a mechanics’ lien to No. 50 March Term, 1885, against Andrew Knox, as owner or reputed…
1Opinion of the Court
Opinion,
Mk. Justice Gbeen:
The original claim of lien in this case was filed on January 30, 1885. The last item in the bill of particulars was for labor done on January 7,1885. The claim was filed against Andrew Knox alone, and contained no averments of any kind as against Marcia J. Knox. A scire facias was issued against Andrew Knox on March 18, 1885, and a trial was had on June 2,1885, which resulted in a verdict for the plaintiff for 1704.37. Judgment was entered on the verdict on June 8, 1885, and a writ of levari facias was issued July 7th, and property advertised *434for sale on September 7,…
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