Legal Opinion

Murphy v. Bear

Supreme Court of Pennsylvania

Decided April 21, 1913No. Appeal, No. 226PublishedCited by 15 opinions

Appeal, No. 226, Jan. T., 1912, by defendant, from judgment of C. P. No. 2, Philadelphia Co., June T., 1910, No. 394, M. L. D., on verdict for plaintiff in case of Michael P. Murphy v. Moses Bear, owner or reputed owner and contractor. Scire facias sur mechanic’s lien. Before Wiltbank, J. The opinion of the Supreme Court states the case.

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Appeal, No. 226, Jan. T., 1912, by defendant, from judgment of C. P. No. 2, Philadelphia Co., June T., 1910, No. 394, M. L. D., on verdict for plaintiff in case of Michael P. Murphy v. Moses Bear, owner or reputed owner and contractor. Scire facias sur mechanic’s lien. Before Wiltbank, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $2,858.25. Defendant made motions for new trial and for judgment n. o. v., which were overruled and judgment entered on the verdict. Defendant appealed. Errors assigned were the overruling of the motion for judgment n. o. v. and…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The plaintiff had a contract for the alteration and the erection of an addition to a property belonging to the defendant. Before the job was completed differences arose between the parties and the owner notified the contractor to discontinue his work; the latter did so, and the defendant completed the building. The plaintiff then filed a mechanic’s lien against the property which was proceeded with to judgment in his favor. The owner has appealed.

The first and third assignments complain because the court below refused to give binding instructions or to enter…

2Cases cited6 opinions

  1. Lee v. BurkeSupreme Court of Pennsylvania · 1870
  2. Foley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913
  3. Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
  4. Young v. LymanSupreme Court of Pennsylvania · 1848
  5. Deeds v. Imperial Brick Co.Supreme Court of Pennsylvania · 1908

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3Cited by15 opinions

  1. Artsmith Development Group, Inc. v. UpdegraffSuperior Court of Pennsylvania · 2005
  2. Johnson v. KusminskySupreme Court of Pennsylvania · 1926
  3. Citizens Bank v. LeskoSupreme Court of Pennsylvania · 1923
  4. Rust Sash Door Co. v. Bryant (mo.app.K.C. 1939)Missouri Court of Appeals · 1939
  5. Silfies v. AustinSuperior Court of Pennsylvania · 1931

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