Benton v. David Berg Distilling Co.
Superior Court of Pennsylvania
Appeal, No. 282, Oct. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1913, No. 2498, M. L. D., for defendant upon the whole record in case of Charles Benton v. David Berg Distilling Company. Scire facias sur mechanics’ lien. Rule for judgment for want of a sufficient affidavit of defense. Motion for judgment for defendant upon the whole record.
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Appeal, No. 282, Oct. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1913, No. 2498, M. L. D., for defendant upon the whole record in case of Charles Benton v. David Berg Distilling Company. Scire facias sur mechanics’ lien. Rule for judgment for want of a sufficient affidavit of defense. Motion for judgment for defendant upon the whole record. Martin, P. J., filed the following opinion: Plaintiff, a subcontractor, filed a claim on December 30, 1913, for lumber furnished to a building belonging to defendant. The statement set forth that defendant is the…
1Opinion of the Court
Opinion by
Kephart, J.,
The questions presented by this appeal were correctly determined by the lower court and we cannot add anything profitable to the reasons given in support of them in the opinion of the learned president- judge of the Common Pleas No. 5 of Philadelphia County. We might suggest that in addition to the authority quoted by Judge Martin, concerning the constitutionality of the section in question, that it was before this court in Heist v. Montayne (No. 1), 53 Pa. Superior Ct. 611, where Judge Porter- holds that this section does not offend Section ■7, Article III, of the…
2Cases cited1 opinion
- Heist v. MontayneSuperior Court of Pennsylvania · 1913
3Cited by7 opinions
- Marchak v. McClureSuperior Court of Pennsylvania · 1954
- Ott v. DuPlan Silk Corp.Supreme Court of Pennsylvania · 1921
- Meier v. Harney and DuffySuperior Court of Pennsylvania · 1930
- Fitzpatrick v. Howes, Pennsylvania Court of Common Pleas, Bucks County1951
- Frey v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1924
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