Wethered v. Garrett
Supreme Court of Pennsylvania
APPEAL BY WYNN & HENWOOD FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 131 July Term 1890, Sup. Ct.; court below, No. 30 October Term 1889, C. P. On June 24, 1889, Charles-B. Wethered and Edmund C. Wethered, trading as Thomas W. Wethered’s Sons, successors to Thomas W. Wethered, brought scire facias sur mechanics’ lien against William E. Garrett, Jr., owner or reputed owner, and Thomas Wynn and Alfred Henwood, trading as Wynn & Henwood, contractors.
Read the full summary
APPEAL BY WYNN & HENWOOD FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 131 July Term 1890, Sup. Ct.; court below, No. 30 October Term 1889, C. P. On June 24, 1889, Charles-B. Wethered and Edmund C. Wethered, trading as Thomas W. Wethered’s Sons, successors to Thomas W. Wethered, brought scire facias sur mechanics’ lien against William E. Garrett, Jr., owner or reputed owner, and Thomas Wynn and Alfred Henwood, trading as Wynn & Henwood, contractors. The lien in question was filed on April 22, 1889, for the sum of $1,221.73, against “All those four certain buildings known as the…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
This was a scire facias upon a mechanics’ lien. The owner makes no defence. The contractors, who are also sued as defendants, defend upon the single ground that the claim does not sufficiently describe the buildings. The curtilage is defined by metes and bounds, evidently taken from the defendant Garrett’s deed, and the buildings are described as “all those four certain buildings known as the palm house, two greenhouses, and pit, or lot,” etc. The primary object of the description of the buildings is identification. Upon this point there was the testimony of a…
2Cited by2 opinions
- Young v. Porter-Leach Hardware Co., Inc.Court of Appeals of Kentucky (pre-1976) · 1941
- Scott v. Larkin, Pennsylvania Court of Common Pleas, Alleghany County1951