Legal Opinion

Hart v. Lehigh Valley Railroad

Superior Court of Pennsylvania

Decided November 8, 1909No. Appeal, No. 215PublishedCited by 3 opinions

Appeal, No. 215, Oct. T., 1908, by plaintiff, from order of C. P. Bradford Co., May T., 1906, No. 3, making absolute rule to strike off mechanic’s lien in case of I. S. Hart v. Lehigh Valley Railroad Company, Owner, and H. O. Hanson, Contractor. Rule to strike off mechanic’s lien. Before Fanning, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to strike off mechanic’s lien.

1Opinion of the Court

Opinion by

Henderson, J.,

This case comes up on an appeal from the judgment of the court below making absolute a rule to strike off a mechanic’s lien. The claimant was a subcontractor. The action of the court was based on the insufficiency of the notice to the owner of an intention to file a lien, required by the eighth section of the Act of June 4, 1901, P. L. 431. The objection to the notice was that it did not contain a statement setting forth the contract under which the claim was made nor how the amount was made up as required by the eighth section of the act referred to. It is expressly…

2Cases cited5 opinions

  1. McVey v. KaufmannSupreme Court of Pennsylvania · 1909
  2. Este v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
  3. Westmoreland Guarantee Building & Loan Ass'n v. ConnorSupreme Court of Pennsylvania · 1907
  4. Wolf Co. v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
  5. Collins v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905

3Cited by3 opinions

  1. A. G. Breitwieser Lumber Co. v. Wyss-ThalmanSuperior Court of Pennsylvania · 1912
  2. McCrum-Howell Co. v. EmpfieldSuperior Court of Pennsylvania · 1912
  3. Keever v. Ulrich, Pennsylvania Court of Common Pleas, Dauphin County1927

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