Young v. Chambers
Supreme Court of Pennsylvania
Young and Randolph filed a claim against Chambers, owner, and Burtman and Hanna, contractors. It was a claim for lumber, jointly filed against eight houses on the south side of Callowhill street, Spring Garden, and apportioned against each house, and this scire facias was issued on the apportioned claim against one house.
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Young and Randolph filed a claim against Chambers, owner, and Burtman and Hanna, contractors. It was a claim for lumber, jointly filed against eight houses on the south side of Callowhill street, Spring Garden, and apportioned against each house, and this scire facias was issued on the apportioned claim against one house. The verdict and judgment below were for the plaintiffs below and plaintiffs above, but for a less amount than was claimed, by reason of the court ruling out part of plaintiffs’ testimony. The defendant, Chambers, owned a large lot on Callowhill street, running back to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The claim first filed, embracing as it did the block of houses on Carlton street, as well as the block on Callow-hill street, was not sustained by any statute or precedent construction ; and the claimant might file a second time, as if it had not existed. The principle ruled in Pennock v. Hoover, that a joint lien might be filed against adjoining houses put up together, because it might not be in the power of the claimant to discriminate, was the basis of the thirteenth section of the act of 1836, which sanctioned it, and provided for…
2Cases cited1 opinion
- M'Mullin v. GilbertSupreme Court of Pennsylvania · 1837
3Cited by1 opinion
- West Philadelphia Brick Co. v. J. D. Johnson & Co.Superior Court of Pennsylvania · 1897