Wheeler v. Pierce, Kelley & Co.
Supreme Court of Pennsylvania
Appeal, No. 54, Oct. T., 1894, by defendants, from order of C. P. Mercer Co., Sept. T., 1892, No. 8, M. L. D., refusing to strike off mechanic's lien, and making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mechanic’s lien. The facts appear by the opinions of the lower court and the Supreme Court.
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Appeal, No. 54, Oct. T., 1894, by defendants, from order of C. P. Mercer Co., Sept. T., 1892, No. 8, M. L. D., refusing to strike off mechanic's lien, and making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mechanic’s lien. The facts appear by the opinions of the lower court and the Supreme Court. The opinion of the lower court by Mehard, P. J., on a re-argument of a motion to strike off the lien, and on a motion for judgment for want of sufficient affidavit of defense, was as follows: “ The principles applicable to both the pending motions are…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
We agree with the opinion of the learned court below which contains a full exposition and classification of the decisions applicable to this class of cases, and only add some matters in response to the contention of the appellants. The battery of boilers in question is completely within a structure which is an independent erection, standing on its own stone foundations, and built of brick, in size thirteen and two tenths feet by sixteen and nine tenths feet, and twenty feet high. While the exterior structure is an essential part of the boiler plant itself, *425forming…
2Cases cited6 opinions
- Short v. Miller & Co.Supreme Court of Pennsylvania · 1888
- Short v. AmesSupreme Court of Pennsylvania · 1888
- Parrish & Hazard's AppealSupreme Court of Pennsylvania · 1877
- Thomas v. HinkleSupreme Court of Pennsylvania · 1889
- Morgan v. Arthurs & Co.Supreme Court of Pennsylvania · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kolb v. Reformed Episcopal Church of ReconciliationSuperior Court of Pennsylvania · 1901
- Albuquerque Lumber Co. v. Montevista Co.New Mexico Supreme Court · 1934
- Fisher v. Groff, Pennsylvania Court of Common Pleas, Lancaster County1955
- Law v. LevineSuperior Court of Pennsylvania · 1900
- McCormack v. BertschingerOregon Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.