Legal Opinion

Morgan Engineering Co. v. General Castings Co.

Court of Appeals for the Third Circuit

Decided February 12, 1910No. 52Published

Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. Scire facias by the Morgan Engineering Company against the General Castings Company to enforce a mechanic’s lieu. Prom an order quashing the writ, plaintiff appeals.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

This is an appeal by the Morgan Engineering Company, a corporation of Ohio, from an order of the Circuit Court of the United States for the Western District of Pennsylvania, quashing a writ of scire facias sued out by it in that court against the General Castings Company, a corporation of Pennsylvania, “sur claim for mechanic’s lien at No. 121 Second term, 1909, of mechanic’s lien docket of the court of common pleas No. 4 of Allegheny county,.” The case turns on the mechanic’s lien law of the state of Pennsylvania of June 4, 1901 (P. B. 431-469), for, if by the…

2Cases cited6 opinions

  1. Pollard v. BaileySupreme Court of the United States · 1874
  2. Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
  3. Middletown National Bank v. Toledo, Ann Arbor & Northern Michigan Railway Co.Supreme Court of the United States · 1905
  4. Todd v. GernertSupreme Court of Pennsylvania · 1909
  5. Armstrong v. HallowellSupreme Court of Pennsylvania · 1860

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