Nice v. Walker
Supreme Court of Pennsylvania
Appeal, No. 272, Jan. T., .1893, by plaintiff, William Nice, Jr., from judgment of C. P. Montgomery Co., June T., 1891, No. 13, M. L. D., on verdict for defendants, Alpheus M. Walker et al. Scire facias sur mechanics’ lien. The facts appear by the opinion of the Supreme Court. At the trial, before Weand, J., the court gave binding instructions for defendant. [1] Verdict and judgment for defendant. Plaintiff appealed. Error assigned was, (1) instruction, as above, quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
This action was a scire facias sur mechanics’ lien in the court below. • The learned judge held that it was ruled by Dersheimer v. Maloney, 143 Pa. 532, as appears by the following extract from his charge to the jury: “ It has been ruled by the Supreme Court in the case of Dersheimer v. Maloney, 143 Pa. 532, which was a precisely similar proceeding, in which these precise words occurred, that this was a covenant against filing any lien, or which would bar any claim either against the owner or his property, and I am bound to rule this case in the light of…
2Cases cited13 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
- Benedict v. HoodSupreme Court of Pennsylvania · 1890
- Long v. CaffreySupreme Court of Pennsylvania · 1880
- Scheid v. RappSupreme Court of Pennsylvania · 1888
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3Cited by29 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Bolton v. HeySupreme Court of Pennsylvania · 1895
- Schwartz v. WhelanSupreme Court of Pennsylvania · 1929
- Jarvis v. State BankSupreme Court of Colorado · 1896
- Holm v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1910
24 more not listed; retrieve them via the Exa API.