M'Intyre v. Carver
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was an action of replevin, brought by John E. Carver against William MTntyre, for 34 panel doors. The defendant pleaded not guilty, and afterwards, at the trial, non cepit and property. The defendant gave bond to the sheriff on service of the writ.
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ERROR to the District Court for the city and county of Philadelphia. This was an action of replevin, brought by John E. Carver against William MTntyre, for 34 panel doors. The defendant pleaded not guilty, and afterwards, at the trial, non cepit and property. The defendant gave bond to the sheriff on service of the writ. It appeared in evidence that the plaintiff was employed by Nicholson, the owner of a house then being built in Philadelphia, to do the carpenter work, and that in December 1835 he engaged the defendant to make 34 panel’ doors for the house. The defendant had been employed a…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is not to be doubted that the law of particular or specific lien on goods in the hands of a tradesman or artisan for the price of work done on them, though there is no trace of its recognition in our own books, was brought hither by our ancestors; and that it is a part of our common law. It was as proper for their condition and circumstances here, as it had been in the parent land; and though a general lien for an entire balance of accounts, was said by Lord Ellenborough in Rusforth v. Hadfield, (7 East 229,) to be an encroachment on…
2Cited by12 opinions
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- Stern v. SicaSuperior Court of Pennsylvania · 1917
- Arians v. BrickleyWisconsin Supreme Court · 1885
- Wilson v. MalenockSuperior Court of Pennsylvania · 1937
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