Legal Opinion

Kinsley v. Buchanan

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 9 opinions

ERROR to the common pleas of Cumberland, county. This was a scire facias sur mechanic’s lien, by William Buchanan against John Zeigler, contractor, and Jacob Kinsley owner, in which the following special verdict was found.

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ERROR to the common pleas of Cumberland, county. This was a scire facias sur mechanic’s lien, by William Buchanan against John Zeigler, contractor, and Jacob Kinsley owner, in which the following special verdict was found. John Zeigler was contractor for the erection of a dwelling house, in the borough of Newville, in said county, for Jacob Kinsley, the other defendant — and William Buchanan, the plaintiff furnished and sold to the said Zeigler the various lumber mentioned in the account, or statement, filed as a lien, and upon which this scire facias issued, amounting to the sum of 96…

1Per curiam

Additional securities are, in their nature, cumulative; nor, where the parties' have not expressly or impliedly so stipulated, is there any reason why the one should be a relinquishment of the other. Accordingly, it has been determined, in one of the cases cited, that the acceptance of a bond is not an abandonment of a mechanic’s lien. That case is in point, and rules the present.

Judgment affirmed.

2Cited by9 opinions

  1. Clayton v. LienhardSupreme Court of Pennsylvania · 1933
  2. American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1908
  3. Jones v. ShawhanSupreme Court of Pennsylvania · 1842
  4. Shaw & Leigh v. First Associated Reformed Presbyterian ChurchSupreme Court of Pennsylvania · 1861
  5. Butts v. CuthbertsonSupreme Court of Georgia · 1849

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