Titusville Iron Works v. Keystone Oil Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FBOM THE COUET OF COMMON PLEAS OF VENANGO COUNTY. No. 86 October Term 1889, Sup. Ct.; court below, No. 182 November Term 1889, C. P. On October 30, 1887, a scire facias sur mechanics’ lien was issued at the suit of R. H. Boughton and E. H. Ames, doing business as the Titusville Iron Works, against the Keystone Oil Company, owner or reputed owner and contractor. . The claim upon which the writ was issued was filed by the plaintiffs on September 30, 1887,…
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APPEAL BY PLAINTIFFS FBOM THE COUET OF COMMON PLEAS OF VENANGO COUNTY. No. 86 October Term 1889, Sup. Ct.; court below, No. 182 November Term 1889, C. P. On October 30, 1887, a scire facias sur mechanics’ lien was issued at the suit of R. H. Boughton and E. H. Ames, doing business as the Titusville Iron Works, against the Keystone Oil Company, owner or reputed owner and contractor. . The claim upon which the writ was issued was filed by the plaintiffs on September 30, 1887, “for labor and materials furnished by them for and about the erection and construction of the several buildings and…
1Opinion of the Court
Opinion,
Me. Justice Williams :
The lien was entered in this case on September 30, 1887. The scire facias was issued on October 29th following, and was served two days later. According to a well-settled and immemorial course of procedure in the courts, the defendant, when served with process requiring him to appear and answer, should consider, in the first place, whether the writ has been properly issued and legally served upon him-. If there is ground for a motion to quash the writ or to set aside the service, it should be made the basis of a motion before an appearance has been made, or the…
2Cases cited1 opinion
- Short v. AmesSupreme Court of Pennsylvania · 1888
3Cited by8 opinions
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Quaker State Oil Refining Co. v. TalbotSupreme Court of Pennsylvania · 1936
- Albuquerque Lumber Co. v. Montevista Co.New Mexico Supreme Court · 1934
- Ogden v. BeattySupreme Court of Pennsylvania · 1890
- Linden Steel Co. v. Imperial Ref. Co.Supreme Court of Pennsylvania · 1890
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