Walter v. Streeper
Pennsylvania Court of Common Pleas, Philadelphia County
IN this case, a claim had been filed by Walter against fifteen houses and lots for materials furnished to them. No scire facias having been sued out by him, Richard Morris, the owner presented his petition to the court, praying that an issue might be ordered to try the validity of the claim, under the 23d section of the act of 16th June, 1836, relating to mechanics’ liens, (Stroud’s Purd. tit.
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IN this case, a claim had been filed by Walter against fifteen houses and lots for materials furnished to them. No scire facias having been sued out by him, Richard Morris, the owner presented his petition to the court, praying that an issue might be ordered to try the validity of the claim, under the 23d section of the act of 16th June, 1836, relating to mechanics’ liens, (Stroud’s Purd. tit. Mechanics' Lien.) See Borton v. Morris, ante, p. 109. An order of court was made to that effect, with which plaintiff complied, and the case was put at issue. On the 29th November, 1839, it was called…
1Opinion of the Court
Per Curiam.—
The act intended to remedy a mischief which at one time existed. A claim on which nothing was due could be filed, operating as a lien to the embarrassment of the owner, who had no means of calling on the claimant to establish his right, if he had any. The act of 1836 intended to make the owner, resorting to the use of its provisions, substantially the actor, and its purpose was to ascertain for his benefit, whether or not the alleged claim was valid. Now if, after the owner has called on the claimant to proceed, who does so, the claimant, at the trial may suffer a nonsuit, the…
2Cases cited1 opinion
- Vansant v. BoileauSupreme Court of Pennsylvania · 1808
3Cited by1 opinion
- Warrington v. Brooklyn Trust Co.Supreme Court of Pennsylvania · 1922