McKelvey v. Jarvis, Halpin & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 183. Two writs of scire facias upon mechanics’ liens, issued by Jarvis, Halpin & Co., against John A. McKelvey, owner and contractor. Defendant pleaded, No lien, nil debet, set-off, payment with leave, &c.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 183. Two writs of scire facias upon mechanics’ liens, issued by Jarvis, Halpin & Co., against John A. McKelvey, owner and contractor. Defendant pleaded, No lien, nil debet, set-off, payment with leave, &c. The lien was filed on the 10th day of November 1876, against two adjoining houses, “for labor, materials, &c., furnished to said house in plumbing and gas-fitting, under a gross contract made by claimants with said John A. McKelvey, owner and contractor, done and furnished within six…
1Opinion of the CourtJustice Sharswood
The objection that the contract was not set out in the claim filed was properly overruled by the learned court below, under the case of Lee v. Burke, 16 P. F. Smith 336, which decides that where *418the plea in a scire facias on a mechanic’s lien was “no lien,” no question as to the sufficiency of the lien on its face can arise on the trial of issues of fact. This disposes of the first assignment of error.
The second assignment relates to the question of appropriation of payment. There was no error in affirming the plaintiff’s first point: Foster v. McGraw, 14 P. F. Smith 464.
The third assignment,…
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