Witman v. Walker
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was a scire facias upon the following claim, filed the 16th September 1840: — In the District Court for the city and county of Philadelphia and state of Pennsylvania.
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ERROR to the District Court for the city and county of Philadelphia. This was a scire facias upon the following claim, filed the 16th September 1840: — In the District Court for the city and county of Philadelphia and state of Pennsylvania. Thomas Walker, stone-cutter, of said city, files his claim, a lien for $808.80, against all that certain three-story brick building, piazza and back buildings, together with the lot of ground on which the same is erected, and belonging or said to belong to George Witman, brickmaker, situated, &c., (particularly describing its locality); it being for work…
1Opinion of the Court
*186The opinion of the Court was delivered by
Sergeant, J.
The Act of 16th June 1836, section 12, prescribes three requisites which a claim filed under it must have in order to create a lien on the building. The second of these is “ the amount or sum claimed to be due and the nature or kind of the work done or the kind and amount of materials furnished and the time when the materials were furnished or the work was done, as the case may be.” All of these are or ought to be within the peculiar knowledge of the claimant from his books or otherwise, and must be furnished by him when filing his claim.…
2Cases cited2 opinions
- Lehman v. ThomasSupreme Court of Pennsylvania · 1843
- Ewing v. BarrasSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- Ferguson v. Ashbell & SimpsonTexas Supreme Court · 1880
- Knabb's AppealSupreme Court of Pennsylvania · 1849
- McClintock v. RushSupreme Court of Pennsylvania · 1870
- Liberty Perpetual Building & Loan Co. v. M. A. Furbush & Son Mach. Co.Court of Appeals for the Fourth Circuit · 1897
- McClellan v. HaleyTexas Commission of Appeals · 1923
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