Legal Opinion

Hoekstra v. Chambers-Wylie Memorial Presbyterian Church

Superior Court of Pennsylvania

Decided October 14, 1912No. Appeal, No. 251PublishedCited by 1 opinion

Appeal, No. 251, Oct. T., 1911, by defendant, from order of C. P. No. 1, Phila. Co., March Term, 1911, No. 528, M. 'L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in ease of Jesse T. Hoekstra v. Chambers-Wylie Memorial Presbyterian Church. Scire facias sur mechanic’s lien. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 251, Oct. T., 1911, by defendant, from order of C. P. No. 1, Phila. Co., March Term, 1911, No. 528, M. 'L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in ease of Jesse T. Hoekstra v. Chambers-Wylie Memorial Presbyterian Church. Scire facias sur mechanic’s lien. Rule for judgment for want of a sufficient affidavit of defense. All the material averments of the claim and the affidavit of defense are set forth in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff filed a mechanic’s lien against a church building and the lot appurtenant thereto, the legal title to which was in the defendant, naming the defendant as owner. A scire facias having issued upon the lien, the defendant filed an affidavit of defense, which the court below *407held to be insufficient, and made absolute a rale for judgment; from which judgment the defendant appeals.

The claim filed by plaintiff averred the following material facts which the affidavit of defense expressly admitted to be true or entirely failed to deny. The defendant is a duly…

2Cited by1 opinion

  1. Mellon National Bank & Trust Co. v. East Crossroads Center, Inc., Pennsylvania Court of Common Pleas, Alleghany County1961

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