Legal Opinion

Noll v. Swineford

Supreme Court of Pennsylvania

Decided July 14, 1847PublishedCited by 4 opinions

In error from the Court of Common Pleas of Union county. July 8. This was a scire facias on a mechanic’s lien, in which Henry Noll was plaintiff, and Absalom Swineford, and Dr. Joseph R. Lotz, building committee of the First Presbyterian church of New Berlin, and Elias Fees, contractor, were defendants.

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In error from the Court of Common Pleas of Union county. July 8. This was a scire facias on a mechanic’s lien, in which Henry Noll was plaintiff, and Absalom Swineford, and Dr. Joseph R. Lotz, building committee of the First Presbyterian church of New Berlin, and Elias Fees, contractor, were defendants. The claim was filed on the 13th of July, 1844, and was in the following words: “Henry Noll v. Absalom Swineford and Dr. Joseph R. Lotz, building committee of the First Presbyterian church of New Berlin. >- Mechanic’s lien for $579 65. “ Henry Noll, (carpenter,) of the township of Penns, in the…

1Opinion of the CourtBell, J.

It has been felt,' that the extraordinary remedy afforded by our laws to mechanics and material men requires to be properly guarded, to prevent it from becoming a source, of unjust annoyance and injury to those; whose property is liable to be made the subject' of its action. It has, accordingly, from time to time, attracted legislative attention, until-the fruit of former experience was embodied in the act of the 16th of June, 1836, which provides, inter alia, that the claim’or statement filed in the office of the prothonotary shall set out « the amount or sum claimed to be due, and the…

2Cases cited3 opinions

  1. Witman v. WalkerSupreme Court of Pennsylvania · 1844
  2. Thomas v. JamesSupreme Court of Pennsylvania · 1844
  3. Williams v. TearneySupreme Court of Pennsylvania · 1822

3Cited by4 opinions

  1. American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1906
  2. Lee v. Exeter ClubSuperior Court of Pennsylvania · 1899
  3. Koons v. Harding, Pennsylvania Court of Common Pleas, Dauphin County1923
  4. Harvard v. McMullen, Pennsylvania Court of Common Pleas, Beaver County1950

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