Legal Opinion

Todd v. Gernert

Supreme Court of Pennsylvania

Decided January 4, 1909No. Appeal, No. 113PublishedCited by 12 opinions

Appeal, No. 113, Oct. T., 1908, by plaintiff, from order of C. P. No. 1, Allegheny Co., Dec. T., 1907, No. 24, striking off mechanic’s lien in case of John S. Todd v. Charles H. W. Gernert, Owner, and John E. McClellan, Contractor. Rule to strike off mechanic’s lien. Before Ford, J. The only question involved was the right to file a single mechanic’s lien against three dwelling houses in a row.

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Appeal, No. 113, Oct. T., 1908, by plaintiff, from order of C. P. No. 1, Allegheny Co., Dec. T., 1907, No. 24, striking off mechanic’s lien in case of John S. Todd v. Charles H. W. Gernert, Owner, and John E. McClellan, Contractor. Rule to strike off mechanic’s lien. Before Ford, J. The only question involved was the right to file a single mechanic’s lien against three dwelling houses in a row. The court made absolute the rule to strike off the lien, Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The right of the appellant to file a mechanic’s lien was under the Act of June 4, 1901, P. L. 431. All prior acts relating to this subject-mattter are repealed, and it furnishes “a complete and conclusive system in itself, so far as relates to liens for labor or materials” furnished to buildings and other structures and improvements named in it. No one of the numerous cases cited by counsel for appellant has any relevancy to the question before us on this appeal, for they were all decided prior to 1901 and related to questions arising under the statutes then in…

2Cited by12 opinions

  1. Schively v. RadellSupreme Court of Pennsylvania · 1910
  2. Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
  3. Maule Industries v. TrugmanSupreme Court of Florida · 1952
  4. Kiddy's AppealSupreme Court of Pennsylvania · 1928
  5. Meyers Plumbing & Heating Supply Co. v. CasteSupreme Court of Pennsylvania · 1986

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