McCay's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Common Pleas of Montour county. This was an appeal by Robert McCay, from the decree of the Common Pleas of Montour county, confirming the report of the auditor who was appointed to distribute the proceeds of the sale of a three-story brick house and lot, the property of John Scott, situate in Danville, Montour county.
Read the full summary
Appeal from tbe Common Pleas of Montour county. This was an appeal by Robert McCay, from the decree of the Common Pleas of Montour county, confirming the report of the auditor who was appointed to distribute the proceeds of the sale of a three-story brick house and lot, the property of John Scott, situate in Danville, Montour county. The case was this: The property above mentioned was sold by the sheriff, under and by virtue of two writs of “ levari facias sur mechanics’ liens,” which had been entered against it, in which Smith B. Thompson was named as contractor, and John Scott, as owner or…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— The auditor’s report establishes as a fact that the appellant contracted to do the work for which his claim is made, 'not with Scott the owner, but with Smith B. Thompson, the contractor for the erection of the building. His claim as filed, however, omits the name of the contractor, and mentions only that of the owner. What is the effect of that omission, is the first question raised by this appeal. The Act of Assembly, which gives to a mechanic or material-man a lien upon a building for his labour or materials expended in its…
2Cited by7 opinions
- Edwards EstateSupreme Court of Pennsylvania · 1948
- Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
- Safe Deposit & Trust Co. v. Columbia Iron & Steel Co.Supreme Court of Pennsylvania · 1896
- Prudential Trust Co.v. HildebrandSupreme Court of Pennsylvania · 1907
- Moser v. Loeper, Pennsylvania Court of Common Pleas, Schuylkill County1926
2 more not listed; retrieve them via the Exa API.