St. Clair Coal Co. v. Martz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county; Of January Term 1872, No. 332. In the court below this was a scire facias on a mechanic’s lien, issued by George Martz against the St. Clair Coal Company, February 6th 1867. The lien was filed under the Act of February 17th 1858, sect. 1, Pamph. L. 29, 2 Br.
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Error to the Court of Common Pleas of Schuylkill county; Of January Term 1872, No. 332. In the court below this was a scire facias on a mechanic’s lien, issued by George Martz against the St. Clair Coal Company, February 6th 1867. The lien was filed under the Act of February 17th 1858, sect. 1, Pamph. L. 29, 2 Br. Purd. 1029, pi. 23. By this act the provisions of Mechanics’ Lien Law of June 16th 1836 are extended to all improvements, &c., “ erected or put up by tenants of leased estates on lands of others in the counties of Luzerne and Schuylkill, &c., provided that the lien, &c., shall…
1Opinion of the Court
The opinion of the court was delivered, March 16th 1874, by
Sharswood, J.
In Lee v. Burke, 16 P. F. Smith 336, upon a scire facias on a mechanic’s claim, when the parties went to trial upon the pleas of “no lien, payment, set-off with leave,” it was held that no question of the sufficiency of the lien could arise on the trial of these issues; that even the plea of “no lien” was necessarily confined to such questions of fact as might invalidate the lien — such as that it was not filed in time; that the work was not done or the materials furnished on the credit of the building; that the…
2Cases cited1 opinion
- Lehman v. ThomasSupreme Court of Pennsylvania · 1843
3Cited by14 opinions
- Gould v. McCormickWashington Supreme Court · 1913
- James Smith Woolen Machinery Co. v. BrowneSupreme Court of Pennsylvania · 1903
- Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
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