Legal Opinion

Short v. Ames

Supreme Court of Pennsylvania

Decided October 1, 1888No. 82PublishedCited by 12 opinions

ERROR TO THE COURT OF COMMON PLEAS OF MCKEAN COUNTY. No. 82 January Term 1888, Sup. Ct.; court below, No. 219 May Term 1887, C. P. On April 5, 1887, upon tbe petition of Sampson Short, a lien creditor of Childs, Willis & Loomis, the court below ordered a feigned issue to try the validity of a certain mechanics’ lien filed by P. W. Ames and O. Keese, trading as Ames & Keese, against R. H. Childs, William Willis and E. R. Loomis, trading as Childs, Willis & Loomis.

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ERROR TO THE COURT OF COMMON PLEAS OF MCKEAN COUNTY. No. 82 January Term 1888, Sup. Ct.; court below, No. 219 May Term 1887, C. P. On April 5, 1887, upon tbe petition of Sampson Short, a lien creditor of Childs, Willis & Loomis, the court below ordered a feigned issue to try the validity of a certain mechanics’ lien filed by P. W. Ames and O. Keese, trading as Ames & Keese, against R. H. Childs, William Willis and E. R. Loomis, trading as Childs, Willis & Loomis. In the issue as framed Ames & Keese were plaintiffs, and Sampson Short, defendant. At the trial on June 21, 1887, it was made to…

1Opinion of the Court

Opinion,

Mr. Justice Clark:

In Short v. Miller, 120 Pa. 470, we held that an oil refinery may be the subject of a mechanics’ lien; indeed, upon the facts exhibited in that case, we held that this particular oil refinery was subject to such a lien. The act of 1836, as we said in that case, does not designate the character or kind of the building to which a mechanics’ lien will attach; if the structures are of a substantial and permanent character, and may in any reasonable sense be known as buildings, they may be incumbered by lien. Nor is it of any consequence that buildings may not be…

2Cases cited3 opinions

  1. Short v. Miller & Co.Supreme Court of Pennsylvania · 1888
  2. McClintock v. RushSupreme Court of Pennsylvania · 1870
  3. Kennedy v. House & HortonSupreme Court of Pennsylvania · 1861

3Cited by12 opinions

  1. Sampson-Miller Associated Companies v. Landmark Realty Co.Superior Court of Pennsylvania · 1973
  2. Linden Steel Co. v. Rough Run Mfg. Co.Supreme Court of Pennsylvania · 1893
  3. B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Superior Court of Pennsylvania · 2013
  4. Marchak v. McClureSuperior Court of Pennsylvania · 1954
  5. Albuquerque Lumber Co. v. Montevista Co.New Mexico Supreme Court · 1934

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