Cutter v. Pierson
Superior Court of Pennsylvania
Appeal, No. 53, April T., 1904, by plaintiff, from judgment of C. P. Crawford Co., May T., 1900, No. 52, on verdict for defendant in case of W. A. Cutter et al., trading as George H. Cutter & Brother v. Eliza J. Pierson, Owner, and W. I. Adsit, Contractor. Scire facias sur mechanic’s lien. Before Thomas, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 53, April T., 1904, by plaintiff, from judgment of C. P. Crawford Co., May T., 1900, No. 52, on verdict for defendant in case of W. A. Cutter et al., trading as George H. Cutter & Brother v. Eliza J. Pierson, Owner, and W. I. Adsit, Contractor. Scire facias sur mechanic’s lien. Before Thomas, P. J. The facts are stated in the opinion of the Supreme Court. After the jury had retired they returned and one of the jurymen asked the court this question: Juror: Has the contractor a right to order material before the contract is signed without her permission ? The Court: No, sir. If he…
1Opinion of the Court
Opinion bt
Morbison, J.,
This was an issue joined on a scire facias sur mechanic’s lien, and the trial before the court and the jury resulted in a verdict in favor of the defendants, and judgment being entered thereon the plaintiffs appealed. We find in this record fourteen assignments of error, and an examination of them leads us to the conclusion that the only important question for consideration may be stated in substance thus: The contract on its face purporting to have been executed on October 3, 1897, and filed in the prothonotary’s office on October 19,1897, was the court justified in…
2Cases cited3 opinions
- Parke v. NeeleySupreme Court of Pennsylvania · 1879
- Blaisdell v. DeanSuperior Court of Pennsylvania · 1899
- Phelps v. BurnsSuperior Court of Pennsylvania · 1901
3Cited by4 opinions
- Commonwealth v. DwyerSuperior Court of Pennsylvania · 1922
- Daly's EstateSuperior Court of Pennsylvania · 1913
- Bethlehem Fabricators, Inc. v. Sisters of Mercy, Pennsylvania Court of Common Pleas, Luzerne County1930
- Hunter's EstatePennsylvania Orphans' Court, Philadelphia County · 1928