Keemer v. Herr
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster County. Mechanics’ lien, filed by Henry S. Herr against Henry Harnish, administrator of Michael S. Harnish, deceased, and James Nee ver. The record showed that there had been a jury trial in the Court below, with a verdict for the plaintiff:* for $1724.25, the judgment on which was reversed in the Supreme Court.
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Error to the Court of Common Pleas of Lancaster County. Mechanics’ lien, filed by Henry S. Herr against Henry Harnish, administrator of Michael S. Harnish, deceased, and James Nee ver. The record showed that there had been a jury trial in the Court below, with a verdict for the plaintiff:* for $1724.25, the judgment on which was reversed in the Supreme Court. October 29th, 1881, the Court, on motion of attorneys for the plaintiff', ordered the caption of the case to be amended by striking therefrom the name of Henry H. Harnish, administrator of Michael Harnish. November 5th, 1881, on motion…
1Opinion of the Court
— Per Curiam :
A refusal to strike off a mechanics’ claim is not a final judgment for which a writ of error lies. It is not distinguishable from a refusal to strike off an appeal or to set aside an award. The case is still pending, and the defendant can have it brought .to a final decision in the Court below.
Writ of error quashed.
2Cited by1 opinion
- A. G. Breitweiser Co. v. ScottSuperior Court of Pennsylvania · 1907