Shea v. Wells
Superior Court of Pennsylvania
Appeal, No. 124, Oct. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1898, No. 82, M. L. D., refusing judgment for part of plaintiff’s claim alleged to be admitted by the affidavit. Sci. fa. sur mechanic’s claim. It appears from the record that an apportioned lien for $158.11 was filed against defendant’s premises upon which a sci. fa. was issued.
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Appeal, No. 124, Oct. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1898, No. 82, M. L. D., refusing judgment for part of plaintiff’s claim alleged to be admitted by the affidavit. Sci. fa. sur mechanic’s claim. It appears from the record that an apportioned lien for $158.11 was filed against defendant’s premises upon which a sci. fa. was issued. Defendant filed an affidavit of defense alleging an agreement by which plaintiff was to receive part cash and $1,300 in the equity of a house and alleging that all cash payments with the exception of $80.00 had been…
1Opinion of the Court
Per Curiam,
When a plaintiff moves for judgment for part of his demand under the Act of July 15, 1897, P. L. 276, it would be good practice to require him to specify the part as to which he claims the affidavit of defense to be insufficient and to set this forth in the rule to show cause. If that be done the defendant will know with certainty the issue he is called upon to meet, the record will show what the court was called upon to decide, and the hearing on appeal from the discharge of the rule will be confined, as it ought always to be, to a review of the decision upon the point raised in…
2Cases cited4 opinions
- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
- Pierce v. MarpleSupreme Court of Pennsylvania · 1892
- Erie City v. Y. M. C. A. Ass'nSupreme Court of Pennsylvania · 1892
- Ferree v. YoungSuperior Court of Pennsylvania · 1898
3Cited by5 opinions
- Smucker v. GrinbergSuperior Court of Pennsylvania · 1905
- Arnold v. StonerSuperior Court of Pennsylvania · 1901
- Moore v. EyreSuperior Court of Pennsylvania · 1906
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1910
- Hays v. AndersonSupreme Court of Pennsylvania · 1915