Atlantic Terra Cotta Co. v. Carson
Superior Court of Pennsylvania
Appeal, No. 137, Oct. T., 1912, by defendant, from order of C. P. No. 3, Phila. Co., Dec. Term, 1911, No. 7,053 M. L. D., discharging rule to quash writ of scire facias, making absolute rule for judgment for want of an affidavit of defense, and discharging rule to open judgment in case of Atlantic Terra Cotta Company v. David R. Carson, Owner, and Calvin W. Rogers, Contractor. Rule to quash writ of scire facias sur mechanic’s lien.
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Appeal, No. 137, Oct. T., 1912, by defendant, from order of C. P. No. 3, Phila. Co., Dec. Term, 1911, No. 7,053 M. L. D., discharging rule to quash writ of scire facias, making absolute rule for judgment for want of an affidavit of defense, and discharging rule to open judgment in case of Atlantic Terra Cotta Company v. David R. Carson, Owner, and Calvin W. Rogers, Contractor. Rule to quash writ of scire facias sur mechanic’s lien. Rule for judgment for want of an affidavit of defense. Rule to open judgment. From the record it appeared that this claim for a mechanic’s lien was filed February…
1Opinion of the Court
Opinion bt
Portee, J.,
The plaintiff, on March 1,1912, caused this writ of scire facias to issue upon a mechanic’s lien, which complied with all the statutory requirements, the writ being returnable to the first Monday of March, less than fifteen days after the day it issued. The defendants having been duly served, within the county of Philadelphia, obtained a rule to-show cause why the writ of scire facias should not be quashed. This rule the court subsequently discharged, which action is the subject of the first specification of error. The plaintiff then entered judgment for want of an…
2Cases cited5 opinions
- Page v. CarrSupreme Court of Pennsylvania · 1911
- Vulcanite Portland Cement Co. v. AllisonSupreme Court of Pennsylvania · 1908
- Henry Taylor Lumber Co. v. Carnegie InstituteSupreme Court of Pennsylvania · 1909
- Foster & Co. v. Fowler & Co.Supreme Court of Pennsylvania · 1869
- Sax v. School DistrictSupreme Court of Pennsylvania · 1912
3Cited by4 opinions
- Gedrich v. Yaroscz Et Ux.Superior Court of Pennsylvania · 1931
- Seelar v. East End Mantel & Tile Co.Superior Court of Pennsylvania · 1914
- Brader v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1924
- St. Clair v. Drumm, Pennsylvania Court of Common Pleas, Northumberland County1951