Barnes v. Wright
Supreme Court of Pennsylvania
Error to the Court of Common Pleas for the City and County of Philadelphia. Robert H. Wright issued a scire facias in the Court below, against Eliza Barnes, upon a claim filed under the mechanics’ lien-law. The claim was for bricklaying work done at two three-story brick buildings, adjoining each other in the city of Philadelphia.
Read the full summary
Error to the Court of Common Pleas for the City and County of Philadelphia. Robert H. Wright issued a scire facias in the Court below, against Eliza Barnes, upon a claim filed under the mechanics’ lien-law. The claim was for bricklaying work done at two three-story brick buildings, adjoining each other in the city of Philadelphia. Annexed to the claim was the following bill and apportionment: “ Mrs. Eliza Barnes, To Robert H. Wright, Dr. 1835, April 29th.—For bricklaying to two houses in a court leading from Bird’s court to Currant alley, in the city of Philadelphia, betweed the 29th of April…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The act of 1806 which gives the lien to mechanics and material men, does not prescribe the mode of enforcing such lien. The 2nd section of the act of 28th March 1808 provides, that a person having a lien filed according to the provisions of the act of 1806, may at his election proceed to recover it by personal *198action, according to the nature of the demand, against the debtor, his executors or administrators; or by scire facias against the debtor and owner of the building, 01 their executors or administrators; and where the proceeding is by…
2Cited by3 opinions
- Jones v. ShawhanSupreme Court of Pennsylvania · 1842
- Hossack v. Landy Towel & Service, Inc., Pennsylvania Court of Common Pleas, Lancaster County1956
- Keim v. McRobertsSuperior Court of Pennsylvania · 1901