Bradbury v. Wagenhorst
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county. This was a scire facias sur mechanic’s lien, issued November 16th 1865, at the suit of James Wagenhorst against Philip Bradbury, owner or reputed owner, to January Term 1866. No copy of the mechanic’s lien or claim was filed in the suit on the lien.
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Error to the Court of Common Pleas of Schuylkill county. This was a scire facias sur mechanic’s lien, issued November 16th 1865, at the suit of James Wagenhorst against Philip Bradbury, owner or reputed owner, to January Term 1866. No copy of the mechanic’s lien or claim was filed in the suit on the lien. On the 15th of January judgment was taken against the defendant for want of an affidavit of defence, and the damages assessed at $225.97. On the 23d of April a levari facias was issued. May 21st 1866. On motion of E. B. Growen for defendant, a rule was awarded to show cause why judgment…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
It is not easy to discover the process by which we are to decide that there is a practice in Schuylkill county on the subject of affidavits of defence, which disregards and sets aside an Act of Assembly to regulate the practice on that subject. It is true the defendant in error alleges that there is, but the plaintiff in error denies it, and this is all we have on the subject, the court being silent on the point. The Act of the 14th April 1851 provides that in all actions instituted in the Common Pleas of Schuylkill county, on “bills,…
2Cited by12 opinions
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- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895
- Commonwealth v. WolfgangSuperior Court of Pennsylvania · 1935
- Commonwealth v. KevinSupreme Court of Pennsylvania · 1902
- Combs v. Homer Center School DistrictDistrict Court, W.D. Pennsylvania · 2006
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