Legal Opinion

Law v. Levine

Superior Court of Pennsylvania

Decided March 21, 1900No. Appeal, No. 219Published

Appeal, No. 219, April T., 1899, by plaintiff, from order of C. P. Lawrence Co., March T., 1898, No. 38, refusing to take off nonsuit. Opinion by W. D. Porter, J. Scire, facias sur mechanic’s lien. The facts are fully stated in the opinion of the court. . Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

W. D. Porter., J.,

Plaintiff filed a mechanic’s lien against a building, with the lot appurtenant, owned by the defendants, and upon the trial of the scire facias the court granted a compulsory nonsuit and subsequently refused to take it off. From that judgment we have this appeal. As to the facts of the case we have no dispute whatever. In July, 1897, and prior thereto, the defendant, Rosa Levine, owned a lot of land fronting thirty-two feet on Moravia street in New Castle. There was erected upon the lot a building which was used as a store and dwelling by the owners. The store…

2Cases cited7 opinions

  1. Best v. Baumgardner, Eberman & Co.Supreme Court of Pennsylvania · 1888
  2. Warren v. FreemanSupreme Court of Pennsylvania · 1898
  3. Smyers v. BeamSupreme Court of Pennsylvania · 1893
  4. Groezinger v. OstheimSupreme Court of Pennsylvania · 1890
  5. Wheeler v. Pierce, Kelley & Co.Supreme Court of Pennsylvania · 1895

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