W. H. Harrison & Bro. v. Homœopathic Ass'n
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEES EROM THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 121 July Term 1889, Sup. Ct.; court below, No. 28 June Term 1887, M. L. I)., C. P. No. 1. On July 11, 1887, William H. Harrison and Charles H. Harrison, trading as W. H. Harrison & Brother, brought scire facias against the Women’s Homoeopathic Association of Pennsylvania, owner, and Robert McNichol, trading as George Mc-Niehol & Son, contractor, upon a mechanics’ lien claim filed on June…
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APPEAL BY PLAINTIEES EROM THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 121 July Term 1889, Sup. Ct.; court below, No. 28 June Term 1887, M. L. I)., C. P. No. 1. On July 11, 1887, William H. Harrison and Charles H. Harrison, trading as W. H. Harrison & Brother, brought scire facias against the Women’s Homoeopathic Association of Pennsylvania, owner, and Robert McNichol, trading as George Mc-Niehol & Son, contractor, upon a mechanics’ lien claim filed on June 25, 1887, against a certain building and its curtilage, particularly described. Annexed to the claim recited in the scire…
1Opinion of the Court
Opinion,
Me. Justice McCollum:
If the facts alleged in the affidavit of defence appeared in the appellants’ testimony, it was the duty of the court, on the motion of the appellee, to enter a compulsory nonsuit. When this case was here before, 120 Pa. 28, it was decided that néither the furnishing and setting of the two soapstone hearths on the 9th of March, 1887, to compensate the deficiency in the work done and charged for on the 7th of July, 1886, nor the furnishing and setting of a portable laundry stove, which was not used or intended to be used in the construction of the building, but was…
2Cases cited4 opinions
- Parrish & Hazard's AppealSupreme Court of Pennsylvania · 1877
- Dimmick v. Cook Co.Supreme Court of Pennsylvania · 1887
- Homœopathic Ass. v. Harrison & Bro.Supreme Court of Pennsylvania · 1888
- McKelvey v. Jarvis, Halpin & Co.Supreme Court of Pennsylvania · 1878
3Cited by6 opinions
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Voightman & Co. v. Southern Railway Co.Tennessee Supreme Court · 1910
- Avery v. ButlerOregon Supreme Court · 1897
- Neelu Enterprises, Inc. v. AgarwalSuperior Court of Pennsylvania · 2012
- Eller v. Cambridge Springs Co.Superior Court of Pennsylvania · 1901
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