Church v. Davis
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. Robert R. Church against Eliza Davis, administratrix of James Davis, with notice to the directors of the poor and the house of employment of the county of Cumberland. Scire facias sur mechanics’ lien.
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ERROR to the common pleas of Cumberland county. Robert R. Church against Eliza Davis, administratrix of James Davis, with notice to the directors of the poor and the house of employment of the county of Cumberland. Scire facias sur mechanics’ lien. The original claim was filed on the 29th of September 1832, against James Davis, for lumber furnished for the building of a house on the property of the directors of the poor, and this scire facias issued to November term 1834. On the trial the plaintiff offered in evidence his book of original entries, showing the charges for lumber furnished to…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
By the act of 17th March 1806, buildings are subjected to liens for debts contracted for, or by reason of work done, or materials furnished. It does not prescribe the kind of evi*305dence necessary to prove that the debt was thus contracted, but leaves that to depend upon the ordinary rules of evidence. By these, the delivery of goods, or performing labour for auy particular purpose, may be proved by parol. Custom and convenience have introduced among us the use of the original book of entries, supported by the oath of the party, to…
2Cited by5 opinions
- Schettler v. JonesWisconsin Supreme Court · 1866
- Dickinson College v. ChurchSupreme Court of Pennsylvania · 1841
- Singerly v. DoerrSupreme Court of Pennsylvania · 1869
- Bailey v. HarveySupreme Court of New Hampshire · 1880
- Hopkins v. Jamieson-Dixon Mill Co.Washington Supreme Court · 1895