Hiestand v. Keath
Supreme Court of Pennsylvania
Appeal, No. 112, Jan. T., 1910, by plaintiffs, from judgment of the Superior Court, Oct. T., 1909, No. 167, affirming a judgment and decree of C. P. Lancaster Co., entered in Mechanic’s Lien Docket, No. 7, page 85, striking off a lien in case of B. Frank Hiestand et ah, partners, trading as B. F. Hiestand & Sons, v. Willis Keath. Petition to strike off a mechanic’s lien in the common pleas. Before Landis, P. J. Appeal from Superior Court.
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Appeal, No. 112, Jan. T., 1910, by plaintiffs, from judgment of the Superior Court, Oct. T., 1909, No. 167, affirming a judgment and decree of C. P. Lancaster Co., entered in Mechanic’s Lien Docket, No. 7, page 85, striking off a lien in case of B. Frank Hiestand et ah, partners, trading as B. F. Hiestand & Sons, v. Willis Keath. Petition to strike off a mechanic’s lien in the common pleas. Before Landis, P. J. Appeal from Superior Court. The facts appear in the opinion of the Supreme Court; see 42 Pa. Superior Ct. 403. Error assigned was judgment of the Superior Court.
1DissentJustice Moschzisker
The point here involved is not only the proper interpretation of the Act of June 4, 1901, P. L. 431, but the more important matter of the usurpation of the functions of the legislature; for it seems to me that the majority opinion voices a partial repeal rather than a construction of the act.
The opinion admits that “the language of sec. 23 is sufficiently comprehensive to include the owner of the premises against which the lien is filed;” but it takes the position that because the act gives him the right to force a scire facias and to enter any and all defenses thereto, the provisions of that…
2Cases cited5 opinions
- Este v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
- Burger v. S. R. Moss Cigar Co.Supreme Court of Pennsylvania · 1909
- Stoke & Co. v. McCulloughSupreme Court of Pennsylvania · 1884
- Cox v. CroftSuperior Court of Pennsylvania · 1909
- Hiestand v. KeathSuperior Court of Pennsylvania · 1910