Fitzpatrick v. Allen
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1873, No. 154. This was a scire facias sur Mechanics’ Lien, issued September 7th 1871; by James Allen against Terence Fitzpatrick and Daniel Fitzpatrick, owners, and Terence Fitzpatrick, contractor ; the jury was sworn to try the issue between the plaintiff and “ Terence. Fitzpatrick, owner and contractor.”
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Error to the District Court of Philadelphia: Of July Term 1873, No. 154. This was a scire facias sur Mechanics’ Lien, issued September 7th 1871; by James Allen against Terence Fitzpatrick and Daniel Fitzpatrick, owners, and Terence Fitzpatrick, contractor ; the jury was sworn to try the issue between the plaintiff and “ Terence. Fitzpatrick, owner and contractor.” The claim was filed on the day the writ issued, against twenty houses; ten on the south side of Christian street between Twenty-third and Twenty-fourth streets, the lots running south to an alley three feet and ten inches in width,…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
Under the 14th sect, of the Act of 30th March 1831, apportionment was allowed, when materials were furnished to two or more adjoining houses. The 13th sect, of the revised Act of 1836 omits the expression “ adjoining” and makes other changes in the Act of 1831, but its repealing clause extends only to all acts altered by the act. The Act of 25th April 1850, extending the right of apportionment to work done and material furnished, also omits the word “ adjoining,” but limits the claim to work and materials under one contract. The case of Pennock v.…
3Cases cited1 opinion
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
4Cited by6 opinions
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
- Fleck v. CollinsSuperior Court of Pennsylvania · 1905
- Atkinson v. ShoemakerSupreme Court of Pennsylvania · 1892
- Schwartz v. Congregation Powolei ZeduckAppellate Court of Illinois · 1956
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