Pretz & Gausler's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Lehigh county. This was an appeal by Pretz, Gausler & Co. from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of A. H. Gilbert. The contest was between the judgment-creditors of the defendant, and the appellants, who claimed under a mechanic’s lien.
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Appeal from the Common Pleas of Lehigh county. This was an appeal by Pretz, Gausler & Co. from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of A. H. Gilbert. The contest was between the judgment-creditors of the defendant, and the appellants, who claimed under a mechanic’s lien. A. H. Gilbert was the owner of a three story brick hotel, at the north-east corner of Front and Race streets, in the borough of Catasauqua, which was erected and completed in the year 1853; the house was 40 feet in front on Front street, and 60 feet in depth on Race…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
This appeal must be sustained on the principles announced in Nelson v. Campbell, 4 Casey 156, and again enforced in Lightfoot v. Krug, supra 348, at our late term at Pittsburgh, and we ought not to be expected to discuss those principles anew. This last case was, like this, a claim for building a kitchen to a house already erected, and the lien was sustained. We do not see that it makes any difference what curtilage is described for the house, in the claim filed, or whether there be any; for the law provides for the settlement of this, as…
2Cited by4 opinions
- Kolb v. Reformed Episcopal Church of ReconciliationSuperior Court of Pennsylvania · 1901
- Thomas v. HinkleSupreme Court of Pennsylvania · 1889
- Anastasi v. BrunetSuperior Court of Pennsylvania · 1952
- Lauriello v. Calio, Pennsylvania Court of Common Pleas, Philadelphia County1961