Hunter v. Lanning
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 236, to January Term 1872. This was a scire facias on a mechanics’ lien, issued March 16th 1866, by John C. Hunter and others, trading as John C. Hunter & Co., against Charles Lanning, contractor, and Cyrus Cadwalader, owner.
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Error to the District Court of Philadelphia: No. 236, to January Term 1872. This was a scire facias on a mechanics’ lien, issued March 16th 1866, by John C. Hunter and others, trading as John C. Hunter & Co., against Charles Lanning, contractor, and Cyrus Cadwalader, owner. On the 14th of November 1865, the plaintiffs entered a mechanics’ lien against Lanning as contractor, and Cadwalader as owner, the claim being for $622.09. On the 21st of April 1866, an affidavit of defence was filed, and on the 8th of September 1866, the defendants pleaded: the issue was tried before a jury April 6th…
1Opinion of the Court
*27Judgment was entered in the Supreme Court January 19th 1874.
2Per curiam
The scire facias upon the mechanics’ claim in this case issued on the 16th of March 1866, but judgment was not obtained until the 4th of December 1871, more than five years intervening. The lien of the claims is therefore gone. The 24th section of the Act of 16th June 1836, 2 Bright. Dig. 1036, pl. 57, limits the lien to five years unless it is revived by scire facias in the mannei provided by law in the case of judgments, in which case the lien shall continue in like manner for another period of five years. When no judgment is…
3Cited by12 opinions
- Brann & Stuart Co. v. Consolidated Sun Ray, Inc.Supreme Court of Pennsylvania · 1969
- Howes & Bros. v. DolanSuperior Court of Pennsylvania · 1899
- Philadelphia v. ScipleSuperior Court of Pennsylvania · 1906
- Kountz v. Consolidated Ice Co.Superior Court of Pennsylvania · 1908
- Philadelphia v. KellySuperior Court of Pennsylvania · 1916
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