Atkinson v. Shoemaker
Supreme Court of Pennsylvania
Appeal, No. 201, Jan. T., 1892, by plaintiff, Henry T. Atkinson, from decree of C. P. No. 4, Phila. Co., Dec. T., 1890, M. L. D., striking off mechanics’ lien, etc., against Thomas Shoemaker. Rule by plaintiff to amend mechanics’ lien and rule by defendant to strike off lien. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 201, Jan. T., 1892, by plaintiff, Henry T. Atkinson, from decree of C. P. No. 4, Phila. Co., Dec. T., 1890, M. L. D., striking off mechanics’ lien, etc., against Thomas Shoemaker. Rule by plaintiff to amend mechanics’ lien and rule by defendant to strike off lien. The facts appear by the opinion of the Supreme Court. The lien as filed described some of the premises as “ situate on the east side of Rutledge avenue,” others as “ situate on the west side of Rutledge avenue,” both described as fronting on said avenue. Errors assigned were (1) discharge of rule to amend; and (2) making…
1Opinion of the Court
Opinion by
Mb. Justice Sterrett,
The only subjects of complaint, in this case, are :(a) The order of court discharging plaintiff’s rule to amend the claim.(5) The order making absolute defendants’ rules to strike off the lien.
The claim, for lumber and mill-work, amounting to $1,535.71, furnished to a building operation wherein defendant was both owner of the premises and contractor fin said materials, was filed January 10, 1891, against a large lot of ground upon which one hundred and two houses had been erected ; and said sum was duly apportioned nearly equally among said houses.
On November…
2Cases cited3 opinions
- Fitzpatrick v. AllenSupreme Court of Pennsylvania · 1876
- Kline's AppealSupreme Court of Pennsylvania · 1880
- Taylor v. MontgomerySupreme Court of Pennsylvania · 1853
3Cited by5 opinions
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
- Fleck v. CollinsSuperior Court of Pennsylvania · 1905
- West Philadelphia Brick Co. v. J. D. Johnson & Co.Superior Court of Pennsylvania · 1897
- Morrissey Construction Co. v. Cross Realty Co., Pennsylvania Court of Common Pleas, Montgomery County1967