Rehrer v. Zeigler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. Jacob Zeigler against Thomas J. Rehrer, owner, and John Brenizer, contractor. Scire facias on a mechanic’s lien. The claim filed in this case was for lumber furnished for a house, the items of which were all set out, with the month and day of the month when each was delivered, but not the year.
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ERROR to the Common Pleas of Dauphin county. Jacob Zeigler against Thomas J. Rehrer, owner, and John Brenizer, contractor. Scire facias on a mechanic’s lien. The claim filed in this case was for lumber furnished for a house, the items of which were all set out, with the month and day of the month when each was delivered, but not the year. The plaintiff called a witness, wrho proved that the lumber was delivered in the year 1840, as entered in the book by him, and the book was produced, which was kept in ledger form, and offered in evidence: the defendant objected to it, but the court…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
By the Act of the 16th of June 1836, every building in certain counties therein specified, is subjected to a lien, for the payment of all debts contracted for work done, or the materials furnished, for or about their erection or construction. The evidence of the work done, or the materials furnished, is not prescribed by the Act, but the proof to entitle the party to his lien *259•is left as at common law. There was, therefore, nothing wrong in admitting the book, although in ledger form, in evidence, with the parol proof, and leaving the whole…
2Cited by9 opinions
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- McClintock v. RushSupreme Court of Pennsylvania · 1870
- Kennedy v. Board of HealthSupreme Court of Pennsylvania · 1845
- McClellan v. HaleyTexas Commission of Appeals · 1923
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