Williams v. Controllers
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was a scire facias by'Williams and others against the controllers of the public schools of the first school district of Pehnsylvania, as owners or reputed owners, and John Lewis contractor; and was issued upon a claim filed under the Mechanics’ Lien Law for lumber furnished under a contract with Lewis, the contractor for the erection of the Roxborough public school building against which the claim was filed.
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Error to the District Court, Philadelphia. This was a scire facias by'Williams and others against the controllers of the public schools of the first school district of Pehnsylvania, as owners or reputed owners, and John Lewis contractor; and was issued upon a claim filed under the Mechanics’ Lien Law for lumber furnished under a contract with Lewis, the contractor for the erection of the Roxborough public school building against which the claim was filed. For the controllers was pleaded non assumpsit, payment, set-off with leave, &c.; and further, that the plaintiffs ought not to maintain…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
Where there can be no execution, there can be no action, and as a levari facias is the only execution proper on a judgment on a mechanic’s lien, and as that sort of execution is not allowed against a county, it follows that this form of action cannot be sustained, if these defendants come within the meaning of the word “county”. The Execution Act of 1836, s. 72, would seem to consider such a body as coming within the spirit of the description, for it excepts from the ordinary execution against corporations, all counties, townships, and…
2Cited by3 opinions
- Rosenberg v. CupersmithSupreme Court of Pennsylvania · 1913
- City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
- Philadelphia v. School District, Pennsylvania Court of Common Pleas, Philadelphia County1940