Griel v. Buckius
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county : Of January Term 1886, No. 445. This was a scire facias sur mechanics’ lien filed by B. R. Buckius against Jacob Griel, Sr., owner, or reputed owner and contractor. The plaintiff filed an affidavit of claim November 10th, 1884. On December 5th, 1884, the following affidavit of defence was filed.
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Error to the Court of Common Pleas of Lancaster county : Of January Term 1886, No. 445. This was a scire facias sur mechanics’ lien filed by B. R. Buckius against Jacob Griel, Sr., owner, or reputed owner and contractor. The plaintiff filed an affidavit of claim November 10th, 1884. On December 5th, 1884, the following affidavit of defence was filed. Before me, the Prothonotary of Lancaster county, personalty appeared John F. Griel, attorney for Jacob Griel, Sr., who being duty affirmed, deposes and says that the claim of B. R. Buckius v. Jacob Griel, Sr., for seven hundred and seventy-one…
1Opinion of the CourtJustice Paxson
The affidavit of defence in this case is clearly insufficient. It is not only' evasive but it was made by a stranger to the record. It is true he styles himself “attorney for Jacob Grid,” but whether he was attorney at law or attorney in fact does not appear. No reason is given why the defendant did not make the affidavit himself, nor does the affidavit show that it was made for and on behalf of the defendant, or even with his knowledge.
Nor are these defects cured by the supplemental affidavit. In that the affiant refers to a power of attorney from the defendant as giving him “full power to…
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