Weaver v. Sheeler
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE CHESTER COUNTY. Nos. 66, 67, 68 January Term 1887, and 134, 135 July Term 1888, Sup. Ct.; court below, Nos. 63, 64, 65 April Term 1886, C.'P. On March 24, 1886, writs of scire facias were issued upon three mechanics’ liens, in which Howard E. Sheeler was plaintiff and John Weaver, owner or reputed owner, and the Pennsylvania Granite Company, contractor.
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ERROR TO THE COURT OE COMMON PLEAS OE CHESTER COUNTY. Nos. 66, 67, 68 January Term 1887, and 134, 135 July Term 1888, Sup. Ct.; court below, Nos. 63, 64, 65 April Term 1886, C.'P. On March 24, 1886, writs of scire facias were issued upon three mechanics’ liens, in which Howard E. Sheeler was plaintiff and John Weaver, owner or reputed owner, and the Pennsylvania Granite Company, contractor. The claim filed with the lien sued upon in No. 63 was for materials furnished for the erection of buildings upon a parcel of land in Warwick township, on October 3, 1885, in items aggregating $201.31. That…
1Opinion of the Court
Opinion,
Me. Justice Williams:
This was a scire facias sur mechanics’ lien. On the trial the court was asked to instruct the jury “ that there is no evi*639dence in the case to connect the hen in suit with the title of John Weaver, and in the absence of such evidence the plaintiff cannot recover.”
In response to this request the court instructed the jury that the lien was properly filed against John Weaver, “the testimony showing that he was the owner of the premises at the time the liens were filed, and therefore the point is disaffirmed.” This overlooked the question raised by the point. The…
2Cases cited2 opinions
- Keller v. Denmead & SonSupreme Court of Pennsylvania · 1871
- Woodward v. WilsonSupreme Court of Pennsylvania · 1871
3Cited by6 opinions
- O'Kane v. MurraySupreme Court of Pennsylvania · 1916
- Taylor v. MurphySupreme Court of Pennsylvania · 1892
- National Bank v. WilliamsSupreme Court of Florida · 1896
- Weaver v. SheelerSupreme Court of Pennsylvania · 1889
- F. W. Wint Co. v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1925
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