Linden Steel Co. v. Imperial Ref. Co.
Supreme Court of Pennsylvania
APPEALS BY PLAINTIEE FROM THE COURT OF COMMON PLEAS OF VENANGO COUNTY. Nos. 63, 64 October Term 1890, Sup. Ct.; court below, Nos. 100, 101 August Term 1888, C. P On August 8,1888, the Linden Steel Company, Limited, issued writs of scire facias against the Imperial Refining Company, Limited, owner or reputed owner, and the Titusville Iron Works, contractor, upon two mechanics’ liens filed by the plaintiff in the court below.
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APPEALS BY PLAINTIEE FROM THE COURT OF COMMON PLEAS OF VENANGO COUNTY. Nos. 63, 64 October Term 1890, Sup. Ct.; court below, Nos. 100, 101 August Term 1888, C. P On August 8,1888, the Linden Steel Company, Limited, issued writs of scire facias against the Imperial Refining Company, Limited, owner or reputed owner, and the Titusville Iron Works, contractor, upon two mechanics’ liens filed by the plaintiff in the court below. On September 14,1888, affidavits of defence were filed, upon the merits, raising no question respecting the formality of the plaintiff’s claims. On November 12, 1888, the…
1Opinion of the Court
NO. 63.
Opinion,
Me. Justice Claek :
The appellees’ contention, in this case, is that the buildings and structures composing the Imperial Oil Refinery are not suf*18ficiently described in the statement of the lien as filed, and the question arises upon a motion to strike off the lien upon that ground,.arid upon a demurrer to the same effect. If the claim be insufficiently stated, the proper course is to move to strike it off: Lehman v. Thomas, 5 W. & S. 262; orto demur: Howell v. Philadelphia, 38 Pa. 471. In the case now under consideration, under stress of a rule to plead the appellees did both,…
2Cases cited7 opinions
- Short v. Miller & Co.Supreme Court of Pennsylvania · 1888
- Short v. AmesSupreme Court of Pennsylvania · 1888
- Lehman v. ThomasSupreme Court of Pennsylvania · 1843
- Lybrandt v. EberlySupreme Court of Pennsylvania · 1860
- Howell v. City of PhiladelphiaSupreme Court of Pennsylvania · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hiestand v. KeathSupreme Court of Pennsylvania · 1910
- Linden Steel Co. v. Rough Run Mfg. Co.Supreme Court of Pennsylvania · 1893
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Jan-Lee Corp. v. Kay, Pennsylvania Court of Common Pleas, Philadelphia County1959
- Seibert v. Glasser Hosiery Co., Pennsylvania Court of Common Pleas, Berks County1922
1 more not listed; retrieve them via the Exa API.