Wolf Co. v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 28, Oct. T., 1905, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1908, Mechanic’s Lien Docket, No. 4057, making absolute rule to strike off mechanic’s lien. Rule to strike off mechanic’s lien. From the record it appeared that the notice attached to the lien was as follows : “ City of Philadelphia, state of Pennsylvania, ss.
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Appeal, No. 28, Oct. T., 1905, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1908, Mechanic’s Lien Docket, No. 4057, making absolute rule to strike off mechanic’s lien. Rule to strike off mechanic’s lien. From the record it appeared that the notice attached to the lien was as follows : “ City of Philadelphia, state of Pennsylvania, ss. “ J ames J. Pallard, being duly sworn according to law, doth depose and say that he is manager for the Wolf Co., and that he has personal knowledge of the matters hereinafter referred to, and that the said the Wolf Co. have a just and legal…
1Opinion of the Court
Opinion by
Pouter, J.,
This is an appeal by the plaintiffs from an order of the court below making absolute a rule to show cause why a mechanic’s lien should not be stricken from the record. The plaintiffs were subcontractors, the lien set forth that the contract was made with Seeley, Son & Company, persons other than the owner, and, as required by paragraph 11, section 11, of the Act of June 4,1901, P. L. 431, stated “ when and how notice was given to the owner of an intention to file the claim.” The court below held the notice to the owner thus set forth in the claim to be insufficient, under…
2Cases cited1 opinion
- Knelly v. HorwathSupreme Court of Pennsylvania · 1904
3Cited by10 opinions
- Godfrey Lumber Co. v. KlineMichigan Supreme Court · 1911
- Keely v. JonesSuperior Court of Pennsylvania · 1908
- A. G. Breitwieser Lumber Co. v. Wyss-ThalmanSuperior Court of Pennsylvania · 1912
- Miller v. FitzSuperior Court of Pennsylvania · 1910
- Bametzrieder v. CanevinSuperior Court of Pennsylvania · 1910
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