Schively v. Radell
Supreme Court of Pennsylvania
Jan. T., 1909, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1908, No. 17, for defendant non obstante veredicto in case of Samuel L. ScMvely v. Frederick W. Radell, Owner or Reputed Owner, and Phoenix Wood Working Company, Contractor. Scire facias sur mechanic’s lien. Before Weand, J. Judgment by default against Phoenix Wood Working Company, and judgment non obstante veredicto for Frederick W. Radell. The facts appear in the opinion of the Supreme Court.
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Jan. T., 1909, by plaintiff, from judgment of C. P. Montgomery Co., Oct. T., 1908, No. 17, for defendant non obstante veredicto in case of Samuel L. ScMvely v. Frederick W. Radell, Owner or Reputed Owner, and Phoenix Wood Working Company, Contractor. Scire facias sur mechanic’s lien. Before Weand, J. Judgment by default against Phoenix Wood Working Company, and judgment non obstante veredicto for Frederick W. Radell. The facts appear in the opinion of the Supreme Court. Error assigned, was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
March 14, 1910:
This is a scire facias on a mechanic’s lien filed by a subcontractor against two structures erected on the liened premises. The material and controlling facts of the case require us to affirm the judgment for defendant entered by the trial court.
Radell, the defendant, became the owner, by deed recorded May 20, 1907, of a lot or piece of ground, “known and designated as lots Nos. eight and thirty-nine on a certain plan of lots of Glenside Highlands,” in Abington township, Montgomery county. The two lots were adjacent and were situated at the…
2Cases cited1 opinion
- Todd v. GernertSupreme Court of Pennsylvania · 1909
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- Meyers Plumbing & Heating Supply Co. v. CasteSupreme Court of Pennsylvania · 1986
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