Harper v. Keely
Supreme Court of Pennsylvania
’ Error to the District Court for the city and county of Philadelphia. This was a scire facias upon a, claim filed for bricks furnished for the erection of a house in the city of Philadelphia, of which the following is a copy, to wit:— ■ “James Harper, of the city of Philadelphia, brick-maker, files a claim to be a lien for the sum of $363.50 against that certain three story brick house, with three story back buildings, situate in the said city, on the north side of Arch…
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’ Error to the District Court for the city and county of Philadelphia. This was a scire facias upon a, claim filed for bricks furnished for the erection of a house in the city of Philadelphia, of which the following is a copy, to wit:— ■ “James Harper, of the city of Philadelphia, brick-maker, files a claim to be a lien for the sum of $363.50 against that certain three story brick house, with three story back buildings, situate in the said city, on the north side of Arch street, 90 feet west of Schuylkill Fifth street, the house and lot on which it is situate being 17 feet in front or…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The judgment of this court must be such as the record demands. It would necessarily be in favor of the plaintiff on the verdict were it not for the motion for a new trial, which stands open upon the record, and which can be decided only by the court below. The record would therefore seem to demand that the case should be sent back to the court below, in order that this motion should be decided, and other proceedings consequent thereon be had.
But it is said that the defendant by accepting judgment in his favor on the reserved point has…
2Cited by7 opinions
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- City of Wilkes-Barre Industrial Development Authority v. Board of Tax Assessment AppealsCommonwealth Court of Pennsylvania · 1985
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
- College Court Realty Co. v. J. C. Letcher Lumber Co.Supreme Court of Alabama · 1917
- Freiler v. KearSupreme Court of Pennsylvania · 1889
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