Dearie & Wife v. Martin
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 44, to January Term 1875. This was a scire facias on a mechanic’s claim, issued May 17th 1873, at the suit of Samuel 0. Martin, against “ James Dearie and Margaret Dearie, owners or reputed owners, and James Dearie, contractor.”
Read the full summary
Error to the District Court of Philadelphia: No. 44, to January Term 1875. This was a scire facias on a mechanic’s claim, issued May 17th 1873, at the suit of Samuel 0. Martin, against “ James Dearie and Margaret Dearie, owners or reputed owners, and James Dearie, contractor.” The claim was filed on the same day (May 17th 1873) against “James Dearie and Margaret Dearie, owners or reputed owners, and James Dearie, contractor, and factory with its lot No. 2329 Oallowhill street, being a debt incurred for gas and steam-fitting and the necessary labor for the same furnished and done by the said…
1Opinion of the CourtJustice Williams
If the claim, on which the scire facias issued, was radically defective, it was no lien on the wife’s property; and the defect was not cured by the replication to her plea of coverture. The replication cannot be treated as an amendment of the claim, and if it could, it was too late to amend after the statutory period allowed for filing the claim. If the claim was fatally defective, it was as powerless to continue the lien for which the law provides, as if it had never been filed. It is clear that the wife’s property is not subject to a lien for work done and materials furnished in its…
2Cases cited1 opinion
- Fromberger v. GreinerSupreme Court of Pennsylvania · 1840
3Cited by7 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Knox v. HiltySupreme Court of Pennsylvania · 1888
- Shryock v. BuckmanSupreme Court of Pennsylvania · 1888
- Tygart Valley Brewing Co. v. Vilter Mfg. Co.Court of Appeals for the Fourth Circuit · 1910
2 more not listed; retrieve them via the Exa API.