H. G. Vogel Co. v. Grape Products Co.
Superior Court of Pennsylvania
Appeal, No. 48, April T., 1914, by defendants, from judgment of C. P. Erie Co., Sept. T., 1911, No. 210, on verdict for plaintiff in case of H. G. Vogel Company v. The Grape Products Company. Scire facias sur mechanic’s lien. Before Benson, J. At the trial the plaintiff offered the lien in evidence. Objected to as incompetent, immaterial and irrelevant and not evidence in this case; that it is only the statement of counsel.
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Appeal, No. 48, April T., 1914, by defendants, from judgment of C. P. Erie Co., Sept. T., 1911, No. 210, on verdict for plaintiff in case of H. G. Vogel Company v. The Grape Products Company. Scire facias sur mechanic’s lien. Before Benson, J. At the trial the plaintiff offered the lien in evidence. Objected to as incompetent, immaterial and irrelevant and not evidence in this case; that it is only the statement of counsel. Mr. Cushman: It is evidence as to the contents of the lien. The Court: I think it is proper to admit in evidence. The objection is overruled, the paper admitted and an…
1Opinion of the Court
Opinion by
Head, J.,
We are urged to reverse the judgment in this action of scire facias sur mechanic’s lien because the learned trial judge permitted the plaintiff to offer in evidence the lien itself. Of course, in many respects the lien, as made up by the claimant, is but an ex parte statement and manifestly has no evidential value to establish the truth of such statements. But it does not follow from this it is not competent evidence for any purpose. The writ of scire facias is necessarily based on the record it recites. The lien itself is proper evidence to establish the fact there is such…
2Cases cited4 opinions
- Page v. CarrSupreme Court of Pennsylvania · 1911
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- May v. MoraSuperior Court of Pennsylvania · 1912
- Nagle v. GarriguesSuperior Court of Pennsylvania · 1911
3Cited by6 opinions
- Kelly-Ashby Electric Co. v. Claypool, Pennsylvania Court of Common Pleas, Armstrong County1959
- Gerhart v. Christ, Pennsylvania Court of Common Pleas, Lancaster County1927
- Lloyd v. Morrison, Pennsylvania Court of Common Pleas, Dauphin County1930
- Mohnkern v. Pivirotto, Pennsylvania Court of Common Pleas, Centre County1933
- South Philadelphia Builders' Supply Co. v. Testa, Pennsylvania Court of Common Pleas, Philadelphia County1927
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