Dougherty v. Loebelenz
Superior Court of Pennsylvania
Appeal, No. 53, Oct. T., 1898, by defendants, from judgment of O. P. No. 4, Phila. Co., Dec. T., 1895, No. 708, M. L. D. on verdict for plaintiff. Sci. fa. sur mechanic’s lien.
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Appeal, No. 53, Oct. T., 1898, by defendants, from judgment of O. P. No. 4, Phila. Co., Dec. T., 1895, No. 708, M. L. D. on verdict for plaintiff. Sci. fa. sur mechanic’s lien. Before Arnold, P. J. It appears from the record that a sci. fa. sur claim was issued in response to which an affidavit of defense was filed setting forth, inter alia, the defective quality of bricks furnished and that they were less in number than set forth in said claim, and that said bricks so furnished would not stand exposure to the atmosphere, contrary to the contract, whereby the value of the said building was…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The record in this case shows that the only exception taken-in the court below was to the action of the court in overruling a motion for nonsuit, which action was not a subject for exception. The plaintiff having filed his mechanic’s lien in due form •issued a scire facias thereon, the defendant filed an affidavit of defense, in which the only grounds of defense alleged were as to the quantity and quality of the material which went into the building, and that a part of the claim had been paid. The pleas were nil debet, sehoff and payment. At the trial the only…
2Cases cited5 opinions
- Philadelphia & Reading Railroad v. Getz & Getz & Co.Supreme Court of Pennsylvania · 1886
- Noar v. GillSupreme Court of Pennsylvania · 1886
- Hommel v. LewisSupreme Court of Pennsylvania · 1883
- Crawford v. WittishSuperior Court of Pennsylvania · 1897
- Curtin v. GephartSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Rider-Ericsson Engine Co. v. FredericksSuperior Court of Pennsylvania · 1904