Legal Opinion

Tebay v. Kirkpatrick & Co.

Pennsylvania Court of Common Pleas, Armstrong County

Decided January 4, 1892No. 290PublishedCited by 4 opinions

No. 290 October Term 1891, Sup. Ct.; court below, No. 217 September Term 1890, C. P. On August 12, 1890, O. H. Tebay and I. T. Klingensmith, doing business as Tebay & Klingensmith, issued a scire facias sur mechanics’ lien against Kirkpatrick & Co., Limited, owners or reputed owners, and J. T. Watt, contractor.

Read the full summary

No. 290 October Term 1891, Sup. Ct.; court below, No. 217 September Term 1890, C. P. On August 12, 1890, O. H. Tebay and I. T. Klingensmith, doing business as Tebay & Klingensmith, issued a scire facias sur mechanics’ lien against Kirkpatrick & Co., Limited, owners or reputed owners, and J. T. Watt, contractor. The lien was filed on August 12th,’ the same day the scire facias issued, for materials furnished and work and labor done on a frame house in the borough of Leechbu'rgh, to the amount of $439.52. A bill of particulars was attached, verified by affidavit as set forth in the opinion of…

1Opinion of the Court

Opinion,

Mr. Justice Stekkett :

This scire facias sur mechanics’ lien is based upon a claim filed by the plaintiffs against Kirkpatrick & Co., Limited, owners or reputed owners, and J. T. Watt, contractor. Appended to the claim is an itemized account against the contractor for hardware, tin-work, etc., verified by an affidavit averring that the bill of items is correctly copied from the plaintiffs’ books of original entry; that the work was done and materials furnished at or about the dates of the respective charges, within six months last past, and upon the credit of the building described in…

2Cases cited4 opinions

  1. Schroeder v. GallandSupreme Court of Pennsylvania · 1890
  2. Harlan v. RandSupreme Court of Pennsylvania · 1856
  3. Brown v. Cowan & SteeleSupreme Court of Pennsylvania · 1885
  4. Dersheimer v. MaloneySupreme Court of Pennsylvania · 1891

3Cited by4 opinions

  1. Nice v. WalkerSupreme Court of Pennsylvania · 1893
  2. Jarvis v. State BankSupreme Court of Colorado · 1896
  3. McElroy v. BradenSupreme Court of Pennsylvania · 1892
  4. Moser v. Loeper, Pennsylvania Court of Common Pleas, Schuylkill County1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API