Legal Opinion

Thomas v. James

Supreme Court of Pennsylvania

Decided July 15, 1844PublishedCited by 8 opinions

APPEAL from the decree of the Common Pleas of Luzerne county. This was a claim filed by Abraham Thomas against John H. James, contractor, and Chambers, Biddle & Co. reputed owners, and was as follows:— “ The prothonotary is hereby directed to enter for the plaintiff a mechanic’s lien, in the Common Pleas of said county, for the sum of $503.89, together with interest; against a two story frame dwelling-house, 16 ft. by 24 ft., on the ground on Billy’s Hill, above the large…

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APPEAL from the decree of the Common Pleas of Luzerne county. This was a claim filed by Abraham Thomas against John H. James, contractor, and Chambers, Biddle & Co. reputed owners, and was as follows:— “ The prothonotary is hereby directed to enter for the plaintiff a mechanic’s lien, in the Common Pleas of said county, for the sum of $503.89, together with interest; against a two story frame dwelling-house, 16 ft. by 24 ft., on the ground on Billy’s Hill, above the large rolling and slitting-mill of Biddle, Chambers & Co.: also, against a one story frame office, 18 ft. by 40 ft., on the…

1Opinion of the Court

*382The opinion of the Court was delivered by

Sergeant, J.

Under the Act of 17th March 1806, relative to the liens of mechanics and material-men, it was a matter of much dispute whether a joint claim for materials, filed against several distinct buildings, was good. It was at length decided, that where, adjoining buildings were owned by different persons, it was void, Gorgas v. Douglas, (6 Serg. & Rawle 512); but that where they were owned by the same person, and erected under a general request, without any specific contract for each house separately, a mechanic or material-man might file his claim…

2Cases cited2 opinions

  1. Pennock v. HooverSupreme Court of Pennsylvania · 1835
  2. Gorgas v. DouglasSupreme Court of Pennsylvania · 1821

3Cited by8 opinions

  1. Ferguson v. Ashbell & SimpsonTexas Supreme Court · 1880
  2. Knabb's AppealSupreme Court of Pennsylvania · 1849
  3. Lauman's AppealSupreme Court of Pennsylvania · 1848
  4. McClellan v. HaleyTexas Commission of Appeals · 1923
  5. Noll v. SwinefordSupreme Court of Pennsylvania · 1847

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