A. G. Breitwieser Lumber Co. v. Wyss-Thalman
Superior Court of Pennsylvania
Appeal, No. 181, April T., 1912, by plaintiff, from order of C. P. Beaver Co., Sept. T., 1911, No. 176, making absolute rule to strike off mechanic’s lien in case of A. G. Breitwieser Lumber Company v. Emalie Wyss-Thalman and Vincent Wyss-Thalman, her husband, Owners or Reputed Owners, and J. Albert Schadel, Terre-Tenant, and Gothard Wyss, Contractor. Rule to strike off mechanic’s lien. Before Holt, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 181, April T., 1912, by plaintiff, from order of C. P. Beaver Co., Sept. T., 1911, No. 176, making absolute rule to strike off mechanic’s lien in case of A. G. Breitwieser Lumber Company v. Emalie Wyss-Thalman and Vincent Wyss-Thalman, her husband, Owners or Reputed Owners, and J. Albert Schadel, Terre-Tenant, and Gothard Wyss, Contractor. Rule to strike off mechanic’s lien. Before Holt, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to strike off mechanic’s lien.
1Opinion of the Court
Opinion by
Morrison, J.,
The plaintiff, a subcontractor, desiring to file a mechanic’s lien against the owner served a notice of such intention on the defendants on March 28 and 29, 1911, and on June 26, 1911, the hen was filed in Beaver county. The notice so served was attached to and made a part of the hen. On July 8,1911, the defendants filed a petition setting forth various alleged defects in plaintiff’s notice of intention to file a hen and procured a rule on plaintiff to show cause why the hen should not be stricken from the record. To this rule an answer was filed by plaintiff and on…
2Cases cited2 opinions
- Wolf Co. v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
- Hart v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1909
3Cited by7 opinions
- Marchak v. McClureSuperior Court of Pennsylvania · 1954
- Ott v. DuPlan Silk Corp.Supreme Court of Pennsylvania · 1921
- Meier v. Harney and DuffySuperior Court of Pennsylvania · 1930
- Fitzpatrick v. Howes, Pennsylvania Court of Common Pleas, Bucks County1951
- Frey v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1924
2 more not listed; retrieve them via the Exa API.