Creasy & Wells v. Emanuel Reformed Church
Superior Court of Pennsylvania
Appeal No. 19, Jan. T., 1896, by defendant, from judgment of C. P. Columbia Co., May T., 1894, No. 305, on a verdict in favor of the plaintiff on a sci. fa. sur mechanic’s lien. Sci. fa. sur mechanic’s lien debt $880.38. Jacob Shoemaker was the contractor for a church building which he completed and for which he was paid by the church. Subsequently a mechanic’s lien was filed by plaintiffs who were subcontractors.
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Appeal No. 19, Jan. T., 1896, by defendant, from judgment of C. P. Columbia Co., May T., 1894, No. 305, on a verdict in favor of the plaintiff on a sci. fa. sur mechanic’s lien. Sci. fa. sur mechanic’s lien debt $880.38. Jacob Shoemaker was the contractor for a church building which he completed and for which he was paid by the church. Subsequently a mechanic’s lien was filed by plaintiffs who were subcontractors. Defendant pleaded nil debet, and specially that a part of the claim filed, to wit, $475, was a lumping charge, and that the material had not been furnished on the credit of the…
1Opinion of the Court
Opinion by
Beaver, J.,
The record in this case discloses seven assignments of error.The first and seventh relate to the answers of the court to points, submitted by the defendant; the second to the answer of the court to the first point of the plaintiff, the third to the-general- charge of the court, and the fourth, fifth and sixth to the overruling of defendant’s objections to the admission of testimony offered by the plaintiffs.
The entire difficulty in the ease, as it seems to us, arises from the different standpoints from which a credit of $2,000, entered in the books of the plaintiff, is…
2Cases cited3 opinions
- McKelvey v. Jarvis, Halpin & Co.Supreme Court of Pennsylvania · 1878
- Foster v. McGrawSupreme Court of Pennsylvania · 1870
- Gable & Hughes v. Parry & RandolphSupreme Court of Pennsylvania · 1850
3Cited by2 opinions
- National Deposit Bank v. MawsonSuperior Court of Pennsylvania · 1911
- Nevin v. Caldwell Et Ux.Superior Court of Pennsylvania · 1933