Klinefelter v. Baum
Supreme Court of Pennsylvania
Appeal, No. 137, Oct. T., 1895, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1894, No. 165, on verdict for plaintiffs. Scire facias sur mechanic’s lien. Pleas were non assumpsit, set-off, payment with leave, etc. Before Stowe, P. J. At the trial counsel for plaintiff offered in evidence the record of mechanic’s lien filed at No. 15, March term, 1898. Objected to as incompetent for the following reasons: First.
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Appeal, No. 137, Oct. T., 1895, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1894, No. 165, on verdict for plaintiffs. Scire facias sur mechanic’s lien. Pleas were non assumpsit, set-off, payment with leave, etc. Before Stowe, P. J. At the trial counsel for plaintiff offered in evidence the record of mechanic’s lien filed at No. 15, March term, 1898. Objected to as incompetent for the following reasons: First. The lien on its face shows it was filed December 31, 1892; there is no date or item given at the time of the completion of the contract, as appears upon the face…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The error assigned is to the admission in evidence of the record of the mechanic’s lien. The objection urged was based on the insufficiency of the lien as appearing on its face. The plea to the sci. fa. was non assumpsit, set-off, payment with leave, etc.
In Lybrant v. Eberly, 36 Pa. 347, it was held, following Lewis v. Morgan, 11 S. & R. 234, that the formal validity of a mechanic’s lien is not put in issue by the plea of payment, and that no issue for the jury could be raised on the formal deficiencies of the claim, as they were questions of law and should be…
2Cases cited5 opinions
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- St. Clair Coal Co. v. MartzSupreme Court of Pennsylvania · 1874
- Fahnestock v. SpeerSupreme Court of Pennsylvania · 1879
- Lybrandt v. EberlySupreme Court of Pennsylvania · 1860
- Howell v. City of PhiladelphiaSupreme Court of Pennsylvania · 1861
3Cited by15 opinions
- Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
- Allentown v. AckermanSuperior Court of Pennsylvania · 1908
- Grant v. St. James Mining Co.Idaho Supreme Court · 1920
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