Chester City Presbyterian Church v. Conlin
Superior Court of Pennsylvania
Appeal, No. 24, Oct. T., 1901, by plaintiff, from order of C. P. Delaware Co., June T., 1896, No. 2, refusing to take off nonsuit in case of Chester City Presbyterian Church v. Philip Conlin. Scire facias sur mechanic’s lien. Before Johnson, J. The facts are stated in the opinion of the Superior -Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This is an action against the surety of a contractor for the erection of an extension of the church edifice of the plaintiff. The judgment resulting from the first trial of the case was reversed by this court: Chester-City Presbyterian Church v. Conlin, 11 Pa. Superior Ct. 413. Many questions had been raised at that'former trial, and the court below had held that the validity of a certain mechanic’s lien filed by Howarth had been conclusively established by a verdict upon the scire facias upon which no judgment had been entered. The facts with regard to the changes…
2Cases cited4 opinions
- Kolb v. Reformed Episcopal Church of ReconciliationSuperior Court of Pennsylvania · 1901
- Hothersall v. RustSuperior Court of Pennsylvania · 1901
- Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1899
- Howarth v. Chester City Presbyterian ChurchSupreme Court of Pennsylvania · 1894
3Cited by1 opinion
- Winton v. BenoreSuperior Court of Pennsylvania · 1905