Short v. Miller & Co.
Supreme Court of Pennsylvania
ERROR to THE COURT OE COMMON PLEAS OE MCKEAN COUNTY. No. 347 January Term 1888, Sup. Ct.; court below No. 220 May Term 1887, C. P. On April 5, 1887, upon tbe petition of Sampson Short, a judgment creditor of Childs, Willis & Loomis, the court ordered a feigned issue to try the validity of a certain mechanics’ lien entered in favor of Augustus Miller and Peter T. Kennedy, partners as Miller & Co., against R. H. Childs, Wm.
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ERROR to THE COURT OE COMMON PLEAS OE MCKEAN COUNTY. No. 347 January Term 1888, Sup. Ct.; court below No. 220 May Term 1887, C. P. On April 5, 1887, upon tbe petition of Sampson Short, a judgment creditor of Childs, Willis & Loomis, the court ordered a feigned issue to try the validity of a certain mechanics’ lien entered in favor of Augustus Miller and Peter T. Kennedy, partners as Miller & Co., against R. H. Childs, Wm. Willis and E. R. Loomis, partners as Childs, Willis & Loomis. In the issue as framed, Miller & Co. were plaintiffs, and Sampson Short, defendant. At the trial on June 21,…
1Opinion of the Court
Opinion,
Me. Justice Paxson :
The only material question in this case is presented by the third assignment. By the defendant’s first point the court below was asked to instruct the jury “that the property against which the alleged lien is filed is not the subject of a mechanics’ lien, and the claim of the plaintiffs cannot be sustained.” This point was answered in the negative.
The plaintiff in error has not furnished us with a copy of the lien, and for this reason alone we might well affirm this judgment. It is true there are some meagre statements as to its character in his “ History of the…
2Cited by14 opinions
- Sampson-Miller Associated Companies v. Landmark Realty Co.Superior Court of Pennsylvania · 1973
- Linden Steel Co. v. Rough Run Mfg. Co.Supreme Court of Pennsylvania · 1893
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Superior Court of Pennsylvania · 2013
- Short v. AmesSupreme Court of Pennsylvania · 1888
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