Noar v. Gill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1885, No. 205. This was a proceeding to enforce a mechanic’s lien for work done and materials furnished, for and about certain premises belonging to the defendant. The amount of the claim was paid by the latter into court, under the act of Assembly, and an agreement was filed that the case should go to trial, as if sci. fa. had issued, and the general issue had been pleaded.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1885, No. 205. This was a proceeding to enforce a mechanic’s lien for work done and materials furnished, for and about certain premises belonging to the defendant. The amount of the claim was paid by the latter into court, under the act of Assembly, and an agreement was filed that the case should go to trial, as if sci. fa. had issued, and the general issue had been pleaded. On the trial of the case the following facts appeared: The plaintiff is a contractor and builder. On the sixteenth day of February, 1882,…
1Opinion of the CourtJustice Trunkey
Had error been committed in the matters referred to in the first and second assignments, it could not be corrected, for neither assignment quotes the full substance of the bill of exception, or sets forth a copy of the bill, as required by rule XXIV. But it is plain that the defendant suiters naught by the omission. The fact that the book of original entries showed only a charge against the defendant personally is no reason for its rejection. It is immaterial whether the offer of the book was accompanied by an offer of other evidence, for if it was competent to show the debt alleged to be…
2Cited by8 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1908
- Parker v. Tilghman v. Morgan, Inc.Court of Appeals of Maryland · 1936
- N. Green & Co. v. ThompsonSupreme Court of Pennsylvania · 1896
- Dougherty v. LoebelenzSuperior Court of Pennsylvania · 1899
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