Merritt v. Poli
Supreme Court of Pennsylvania
Appeal, No. 366, Jan. T., 1910, by plaintiffs, from order of C. P. Lackawanna Co., March Term, 1908, No. 983, refusing to take off nonsuit in case of Merritt & Company v. Sylvester Z. Poli, reputed owner of the Poli Theater and Frank T. Ricca, contractor. Scire facias sur mechanic’s lien.
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Appeal, No. 366, Jan. T., 1910, by plaintiffs, from order of C. P. Lackawanna Co., March Term, 1908, No. 983, refusing to take off nonsuit in case of Merritt & Company v. Sylvester Z. Poli, reputed owner of the Poli Theater and Frank T. Ricca, contractor. Scire facias sur mechanic’s lien. Before O’Neill, J.7 At the trial the case turned on whether a notice of an intention to file a lien by the plaintiff, a subcontractor, had been served either upon the architect of the owner in accordance with the requirements of the act of 1901, or upon a person in possession of the building. When William…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The answer to the question involved in this controversy depends upon whether there was proper service of notice of an intention to file a lien by a subcontractor. Section 8 of the Act bf June 4, 1901, P. L. 431, requires a subcontractor, intending to file a claim, to give the owner written notice to that effect. What the notice shall contain and when it shall be served are provided for in the statute, which also contains the following provision: "Service may be made personally on the owner anywhere; but, if. he cannot be served in the county where the structure or…
2Cases cited1 opinion
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
3Cited by6 opinions
- O'Kane v. MurraySupreme Court of Pennsylvania · 1916
- Day & Zimmermann, Inc. v. Blocked Iron Corp. of America, Pennsylvania Court of Common Pleas, Philadelphia County1958
- Oyer v. Coble, Pennsylvania Court of Common Pleas, Franklin County1950
- Rich v. Boguszinski, Pennsylvania Court of Common Pleas, Luzerne County1927
- Rockwell v. Keihl, Pennsylvania Court of Common Pleas, Franklin County1948
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