Legal Opinion

Kelly v. McGehee

Supreme Court of Pennsylvania

Decided October 6, 1890No. 7PublishedCited by 2 opinions

APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF FULTON COUNTY. No. 7 May Term. 1890, Sup. Ct.; court below, No. 181 January Term 1888, C. P. On January 8,1887, L. C. Kelly entered against “Laura Mc-Gehee, owner or reputed owner, and Charles McGeh.ee, her husband, and John A. Snyder, contractor, defendants,” a mechanics’ lien in the following form : “ L. C. Kelly, above named, hereby files his claim or statement of demand for seventy-five dollars for materials to wit:…

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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF FULTON COUNTY. No. 7 May Term. 1890, Sup. Ct.; court below, No. 181 January Term 1888, C. P. On January 8,1887, L. C. Kelly entered against “Laura Mc-Gehee, owner or reputed owner, and Charles McGeh.ee, her husband, and John A. Snyder, contractor, defendants,” a mechanics’ lien in the following form : “ L. C. Kelly, above named, hereby files his claim or statement of demand for seventy-five dollars for materials to wit: No. 2 white pine shingles, furnished said John A. Snyder, contractor, within six months last past, and against the…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

The claim in this case contains, either in express terms or *447by necessary implication, all the averments that are essential to a valid mechanics’ lien against the estate of a married woman, and hence there was no error in discharging the rule to show cause why the lien should not be stricken off.

As appears by the record, the claim was filed against Laura McGehee, “ owner or reputed owner,” and “ Charles McGehee, her husband,” and sets forth that the shingles were furnished to the contractor with her “ knowledge and consent, .... at her request and the request of…

2Cases cited1 opinion

  1. Einstein v. JamisonSupreme Court of Pennsylvania · 1880

3Cited by2 opinions

  1. Kircher v. SprengerSuperior Court of Pennsylvania · 1897
  2. Pancoast v. Minter, Pennsylvania Court of Common Pleas, Montgomery County1959

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