Miller v. Heath
Superior Court of Pennsylvania
Appeal, No. 138, Oct. T., 1902, by defendants, from order of C. P. No. 4, Phila. Co., Dec. T., 1893, M. L. D. 407, dismissing exceptions to report of.referee in case of George D. Miller v. Ellen S. Heath, Owner or Reputed Owner, and George B. Heath, Contractor. Scire facias sur mechanic’s lien. The case was referred to William Grew, Esq., who decided in favor of the plaintiff. Exceptions to referee’s report were dismissed by the court.
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Appeal, No. 138, Oct. T., 1902, by defendants, from order of C. P. No. 4, Phila. Co., Dec. T., 1893, M. L. D. 407, dismissing exceptions to report of.referee in case of George D. Miller v. Ellen S. Heath, Owner or Reputed Owner, and George B. Heath, Contractor. Scire facias sur mechanic’s lien. The case was referred to William Grew, Esq., who decided in favor of the plaintiff. Exceptions to referee’s report were dismissed by the court. Errors assigned were in dismissing exceptions to referee’s report. Under the Act of Assembly of June 16, 1836, P. L. 696, a mechanic’s lien cannot be filed…
1Opinion of the Court
Opinion by
W. D. Pobteb, J.,
The lien on which this scire facias issued was filed, as an apportioned claim, against “ all those two adjoining and contiguous two-story frame buildings or dwelling houses, with frame back building thereto attached (each house having six rooms *315and a porch in front and containing in front 12 feet and in depth 35 feet) and lot or piece of ground and curtilage appurtenant thereto, situate on the westerly side of Erwig avenue at the distance of 100 feet southwardly from 88th street in Elmwood, 27th ward of the city of Philadelphia.” The proceedings upon the scire…
2Cases cited4 opinions
- Yearsley v. FlanigenSupreme Court of Pennsylvania · 1854
- Presbyterian Church v. AllisonSupreme Court of Pennsylvania · 1849
- Bevan v. ThackaraSupreme Court of Pennsylvania · 1891
- Barclay's AppealSupreme Court of Pennsylvania · 1850
3Cited by1 opinion
- Baker's EstatePennsylvania Orphans' Court, Lancaster County · 1942