Best v. Baumgardner, Eberman & Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 418 January Term 1888, Sup. Ct.; court below, No. 34 March Term 1888, C. P. On January 26, 1888, a scire facias was issued upon a mechanics’ lien filed by Thomas Baumgardner and others, partners as Baumgardner, Eberman & Co. against John Best, owner or reputed owner, and Israel P. Mayer, contractor.
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ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 418 January Term 1888, Sup. Ct.; court below, No. 34 March Term 1888, C. P. On January 26, 1888, a scire facias was issued upon a mechanics’ lien filed by Thomas Baumgardner and others, partners as Baumgardner, Eberman & Co. against John Best, owner or reputed owner, and Israel P. Mayer, contractor. With the praecipe, an affidavit of claim was filed, in which the sum of $260.25 was alleged to be due from the defendants, with interest from July 9, 1887. The claim was filed on December 8, 1887, for lumber and other materials, mill-work…
1Opinion of the Court
Otixiox,
Mr. Justice G-jreex :
The act of May 1, 1861 P. L. 550, gave to mechanics and material men a lien for repairs, but limited its operation to the counties of Delaware, Chester and Berks. The act of March 22, 1865, P. L. 580, simply extended the act of 1861 to the county of Lancaster. The act of May 18, 1887, P. L. 118, extended the act of 1861 to all the counties of the commonwealth, but added two provisos, by the latter of which it is enacted that the claimant must give notice of his intention to file a lien, in order to be entitled to the benefit of the act. The acts of 1861 and 1865…
2Cases cited2 opinions
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- Nusser v. CommonwealthSupreme Court of Pennsylvania · 1855
3Cited by17 opinions
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- Commonwealth v. SummervilleSupreme Court of Pennsylvania · 1903
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