Sumption v. Rogers
Supreme Court of Pennsylvania
4. Where a contractor who had completed certain work on nineteen different buildings filed a mechanic’s lien against one of the buildings which did not adjoin the others, and the amount of the claim was ascertained by apportioning to the building against which the claim was filed its proportionate share of the total amount due the contractor under his contract, for work on all the buildings, the court did not err in making absolute the defendant’s rule to strike the claim…
Read the full summary
4. Where a contractor who had completed certain work on nineteen different buildings filed a mechanic’s lien against one of the buildings which did not adjoin the others, and the amount of the claim was ascertained by apportioning to the building against which the claim was filed its proportionate share of the total amount due the contractor under his contract, for work on all the buildings, the court did not err in making absolute the defendant’s rule to strike the claim from the record, as the Act of June 4,1901, Section 12, affords no warrant for the filing of separate claims, with amount…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case was properly decided; but, inasmuch as our affirmance rests on wholly different reasons than those assigned in the opinion filed in the Superior Court, an expression of view from us is made necessary. We are dealing with a mechanic’s lien claim filed under the general Mechanic’s Lien Act of June 4, 1901, P. L. 431. A motion to strike the claim from the record, on the ground that it was an apportioned claim upon a building not adjoining the other buildings embraced in the contract set out, and in the claim, prevailed in the lower court. On appeal to the…
2Cases cited2 opinions
- Mayor v. DavisSupreme Court of Pennsylvania · 1843
- Daniels v. CommonwealthSupreme Court of Pennsylvania · 1847
3Cited by8 opinions
- The People v. LandersIllinois Supreme Court · 1927
- Meyers Plumbing & Heating Supply Co. v. CasteSupreme Court of Pennsylvania · 1986
- Pierce, Butler & Pierce Mfg. Co. v. RogersSuperior Court of Pennsylvania · 1915
- In re EllisDistrict Court, W.D. Pennsylvania · 1923
- Koons v. Harding, Pennsylvania Court of Common Pleas, Dauphin County1923
3 more not listed; retrieve them via the Exa API.