German National Bank v. Mellor
Supreme Court of Pennsylvania
Appeal, No. 115, Oct. T, 1912, by Walter C. Mellor, George E. Mellor and Charles A. Dickson, Executors, &c., and Laura Mellor, from decree of C. P. No. 4, Allegheny Co., Second T., 1911, No. 513, directing a payment in case of German National Bank v. Walter C. Mellor, George E. Mellor and Charles A. Dickson, Executors and Trustees under the last Will and Testament of C. C. Mellor, deceased, Laura Mellor, and Reinforced Concrete Construction Company.
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Appeal, No. 115, Oct. T, 1912, by Walter C. Mellor, George E. Mellor and Charles A. Dickson, Executors, &c., and Laura Mellor, from decree of C. P. No. 4, Allegheny Co., Second T., 1911, No. 513, directing a payment in case of German National Bank v. Walter C. Mellor, George E. Mellor and Charles A. Dickson, Executors and Trustees under the last Will and Testament of C. C. Mellor, deceased, Laura Mellor, and Reinforced Concrete Construction Company. Bill in equity to enjoin the use of a party wall and enforce payment of a portion of the cost thereof. Before Swearingen, P. J. The facts are…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
A preliminary injunction restraining the defendants from breaking into or using a party wall without payment of a proportionate part of the cost thereof was dissolved upon the filing of a bond. A stipulation was filed fixing the amount of defendants’ liability, if any existed, and at the hearing on bill, answer and proofs, the only question was whether the defendants had made such a use of the party wall as to render them liable for a part of the cost of erecting it.
In 1892 the plaintiff, desiring to erect a banking house, obtained a permit to remove a party…
2Cases cited1 opinion
3Cited by2 opinions
- Clothier v. Hoffman Co.Supreme Court of Pennsylvania · 1918
- Stevenson v. MellorSupreme Court of Pennsylvania · 1914