Einstein v. Jamison
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 3. Scire facias sur mechanic’s lien issued by Leopold Einstein, trustee, against Daniel Jamison and Annie, his wife, owner, and Adam Miller, contractor, to recover the value of lumber furnished for the repair of a house and the building of an additional story on the kitchen attached thereto, belonging to Mrs. Jamison.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 3. Scire facias sur mechanic’s lien issued by Leopold Einstein, trustee, against Daniel Jamison and Annie, his wife, owner, and Adam Miller, contractor, to recover the value of lumber furnished for the repair of a house and the building of an additional story on the kitchen attached thereto, belonging to Mrs. Jamison. The lot of ground on which the said building was erected was owned by Mrs. Jamison in fee, being conveyed to her by Mary J. Coates by deed referred to in the lien. The…
1Opinion of the CourtJustice Mercur
To charge the separate property of a married woman with a mechanic’s lien for work and labor done or materials furnished, it must be alleged in the claim and proved on the trial, that the work or materials were necessary for the reasonable improvement or repair of such separate estate, and substantially that they were so applied, and that the same was done and furnished by her authority and consent: Shannon v. Shultz, 6 Norris 481; Kuhns v. Turney, Id. 497.
This claim was for materials furnished and used in and about the alteration and repair of the wife’s house and in building an additional…
2Cited by5 opinions
- Fluke v. LangSupreme Court of Pennsylvania · 1925
- Bevan v. ThackaraSupreme Court of Pennsylvania · 1891
- Kelly v. McGeheeSupreme Court of Pennsylvania · 1890
- S. G. Purvis & Co. v. Assigned Estate of BrumbaughSuperior Court of Pennsylvania · 1898
- Miller v. KullesowiczSuperior Court of Pennsylvania · 1909