Burger v. S. R. Moss Cigar Co.
Supreme Court of Pennsylvania
Appeal, No. 40, Jan. T., 1909, by plaintiff, from order of C. P. Lancaster Co., Mechanic’s Lien Docket, No. 7, p. 102, making absolute rule to strike off mechanic’s hen in case of Henry Burger, Agent, v. S. R. Moss Cigar Company, Owner or Reputed Owner, and H. G. and L. J. Dill, Contractor. Rule to strike off mechanic’s hen. Before Landis, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was order making absolute rule to strike off the hen.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The plaintiff filed a mechanic's lien, which it is conceded is regular upon its face, and in accordance with the Act of June 4, 1901, P. L. 431, and its supplement. The S. R. Moss Cigar Company, the owner, presented a petition praying the court to strike off the lien on the ground that a contract waiving liens had been entered into by the owner and contractors and had been duly filed in the prothonotary’s office as required by the act of assembly. The court granted a rule to show cause why the prayer of the petition should not be granted. The plaintiff filed an…
2Cases cited5 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- McVey v. KaufmannSupreme Court of Pennsylvania · 1909
- Stoke & Co. v. McCulloughSupreme Court of Pennsylvania · 1884
- Pagnacco v. FaberSupreme Court of Pennsylvania · 1908
3Cited by13 opinions
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- McCarthy v. ReeseSupreme Court of Pennsylvania · 1965
- Cribbs v. McDowellSuperior Court of Pennsylvania · 1911
- Dunham-Bush, Inc. v. Murray's 51 Lanes, Inc.Supreme Court of Pennsylvania · 1963
- Hill v. Edinboro Development, Inc.Superior Court of Pennsylvania · 1980
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