Legal Opinion

Seelar v. East End Mantel & Tile Co.

Superior Court of Pennsylvania

Decided July 15, 1914No. Appeal, No. 127PublishedCited by 3 opinions

Appeal, No. 127, April T., 1914, by plaintiff, from order of C. P. Allegheny Co., Jan. T., 1913, striking off mechanic’s lien in case of J. J. Seelar, doing business as Seelar Elevator Works, v. East End Mantel & Tile Company, Lessee, and James R. Mellon et al., Trustees of Thomas Mellon, deceased, owners Rule to strike off mechanic’s lien.

1Opinion of the Court

Ford, J.,

filed the following opinion:

On July 17, 1911, the plaintiff filed a mechanic’s lien at No. 11, September Term, 1911, upon which he subsequently issued a scire facias. The defendant filed an affidavit of defense and entered a rule upon the plaintiff to reply to the statements therein set forth. The plaintiff filed a replication and the defendant moved for judgment on the whole record.

The procedure is in pursuance of sec. 34 of the Act of June 4, 1901, P. L. 431, which provides, inter alia, “The defendant may by rule require plaintiff to reply under oath or affirmation to the…

2Cases cited18 opinions

  1. Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
  2. Page v. CarrSupreme Court of Pennsylvania · 1911
  3. Vulcanite Portland Cement Co. v. AllisonSupreme Court of Pennsylvania · 1908
  4. Henry Taylor Lumber Co. v. Carnegie InstituteSupreme Court of Pennsylvania · 1909
  5. City of Scranton v. GenetSupreme Court of Pennsylvania · 1911

13 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Murray v. ZemonSupreme Court of Pennsylvania · 1960
  2. Brader v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1924
  3. Strayer & Co. v. GainesSuperior Court of Pennsylvania · 1930

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