City of Philadelphia ex rel. Achuff v. Christman
Superior Court of Pennsylvania
Appeal, No. 105, Oct. T., 1897, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1891, ' No. 48, M. L. ■ D., malting absolute a rule to amend claim. Rule to amend lien. The claim filed was for vitrified brick paving and the essential portion of the lien was as follows: “ For work done and material furnished within six months last past in paving the cartway on Atlantic Street in front of said lot of ground and premises per bill and statement rendered as follows.”
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Appeal, No. 105, Oct. T., 1897, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1891, ' No. 48, M. L. ■ D., malting absolute a rule to amend claim. Rule to amend lien. The claim filed was for vitrified brick paving and the essential portion of the lien was as follows: “ For work done and material furnished within six months last past in paving the cartway on Atlantic Street in front of said lot of ground and premises per bill and statement rendered as follows.” A rule was taken to show cause why the claim should not be amended by inserting after the words “ six months last…
1Opinion of the Court
Per Curiam,
The defendant obtained a rule to strike off the municipal lien in question. Without formal disposition of this rule, the court permitted the lien to be amended; and although a sci. fa. upon the lien was and is still pending, the defendant appealed. An appeal does not lie from the refusal to strike off the lien for the reason that there is no definitive decree or judgment. When the court strikes off a lien the case is otherwise, for its action is final: Carter v. Caldwell, 147 Pa. 370. For the same reason an appeal does not lie from an order permitting an amendment; the action being…
2Cases cited5 opinions
- City of Philadelphia v. RichardsSupreme Court of Pennsylvania · 1889
- Yost v. DavisonSuperior Court of Pennsylvania · 1897
- Carter v. CaldwellSupreme Court of Pennsylvania · 1892
- Lauer v. Lauer Brewing Co.Supreme Court of Pennsylvania · 1897
- City of Allentown v. HowerSupreme Court of Pennsylvania · 1880
3Cited by4 opinions
- A. G. Breitweiser Co. v. ScottSuperior Court of Pennsylvania · 1907
- Commonwealth v. MageeSuperior Court of Pennsylvania · 1907
- City of Philadelphia ex rel. McHugh v. Morone, Pennsylvania Court of Common Pleas, Philadelphia County1925
- Julian v. Mayo, Pennsylvania Court of Common Pleas, Lehigh County1956