McClintock v. Rush
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 109, to October and November Term 1869. On the 3d of December 1868, Washington McClintock and A. J. Cochran filed a claim to secure a lien for materials “ furnished within six months” against a building of which David Rush was the owner.
Read the full summary
Error to the Court of Common Pleas of Allegheny county: No. 109, to October and November Term 1869. On the 3d of December 1868, Washington McClintock and A. J. Cochran filed a claim to secure a lien for materials “ furnished within six months” against a building of which David Rush was the owner. The claim as filed was “ against the following described building, and so much of the ground covered by the same and immediately adjacent thereto, and belonging to the owner of the building, as may be necessary for the ordinary and useful purposes of said building, being a two-story frame house on…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Siiarswood, J. —
The first ground of objection to the claim filed in the court below is that it does not sufficiently describe “ the locality of the building,” as required by the twelfth section of the Act of June 16th 1836, Pamph. L. 698. It is not necessary that the description should be either full or precise. Certainty to a common intent is the rule. If there is enough in the description of the situation and other peculiarities of the building to identify it, the provision of the statute is satisfied. The claim in this case is…
2Cases cited3 opinions
- Rehrer v. ZeiglerSupreme Court of Pennsylvania · 1842
- Witman v. WalkerSupreme Court of Pennsylvania · 1844
- Springer v. KeyserSupreme Court of Pennsylvania · 1841
3Cited by10 opinions
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- Tesauro v. BAIRDSuperior Court of Pennsylvania · 1975
- Este v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
- Marchak v. McClureSuperior Court of Pennsylvania · 1954
- May v. MoraSuperior Court of Pennsylvania · 1912
5 more not listed; retrieve them via the Exa API.