Jones v. Shawhan
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. John Shawhan and William B. O’Skelton, trading in the name of John Shawhan & Co., against Henry W. Jones.
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ERROR to the District Court of Allegheny county. John Shawhan and William B. O’Skelton, trading in the name of John Shawhan & Co., against Henry W. Jones. This was a scire facias upon a mechanic’s lien, which was thus set out: “ John Shawhan and William B. O’Skelton, partners under the firm of John Shawhan & Co., of the borough of Birmingham, carpenters and builders, claim in their own right the sum of $392.43, against all that certain frame house, consisting of two tenements, of which lien $196.43 is claimed against the northern tenement, and $196.43 is claimed against the southern tenement,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— The exceptions to evidence are unfounded. The measurement of the work proved by Sterret, was competent, though different from the claim filed, inasmuch as the plaintiff could recover no more than the amount specified against a purchaser : and M’Turk was interested, because he was the terretenant of one of the houses sought to be affected by the judgment.
The direction that a claimant is not bound to file against one who was not the owner when the building was commenced, is not erroneous. The Act of 1803 provided for debts contracted by…
2Cases cited4 opinions
- Kinsley v. BuchananSupreme Court of Pennsylvania · 1836
- Anshutz v. M'ClellandSupreme Court of Pennsylvania · 1836
- Hart v. BollerSupreme Court of Pennsylvania · 1827
- Barnes v. WrightSupreme Court of Pennsylvania · 1837
3Cited by23 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Winder v. CaldwellSupreme Court of the United States · 1853
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1908
- Guckert v. HackeSupreme Court of Pennsylvania · 1893
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