Drummond v. Rice
Superior Court of Pennsylvania
Appeal, No. 136, Oct. T., 1904, by plaintiff, from judgment of O. P. No. 3, Phila. Co., Dec T., 1899, No. 128, M. L. D., on verdict for defendant in case of William J. Drummond v. Reformed Episcopal Church of the Reconciliation of Philadelphia, owner, or reputed owner, and Thomas Rice and Joseph K. Church, trading as Thomas Rice & Company, contractors. Scire facias sur mechanic’s lien. Before McMichael, J. See Kolb v. Reformed Episcopal Church, 18 Pa.
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Appeal, No. 136, Oct. T., 1904, by plaintiff, from judgment of O. P. No. 3, Phila. Co., Dec T., 1899, No. 128, M. L. D., on verdict for defendant in case of William J. Drummond v. Reformed Episcopal Church of the Reconciliation of Philadelphia, owner, or reputed owner, and Thomas Rice and Joseph K. Church, trading as Thomas Rice & Company, contractors. Scire facias sur mechanic’s lien. Before McMichael, J. See Kolb v. Reformed Episcopal Church, 18 Pa. Superior Ct. 477. Verdict and judgment for defendant. Plaintiff appealed. Frror assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The mechanic’s lien upon which this writ of scire facias issued was filed 'as for work done upon an addition to and alteration of an existing structure, and under the facts of the case we are of opinion that it was properly so filed: Kolb v. Reformed Episcopal Church, 18 Pa. Superior Ct. 477. The operation was subject to the provisions of the Act of May 18,1887, P. L. 118, and notice to the owner, or its agent, at the time the work was done and the materials were furnished, was a necessary prerequisite to the validity of the lien: Groezinger v. Ostheim, 135 Pa. 604. The…
2Cases cited3 opinions
- Kolb v. Reformed Episcopal Church of ReconciliationSuperior Court of Pennsylvania · 1901
- Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
- Groezinger v. OstheimSupreme Court of Pennsylvania · 1890
3Cited by2 opinions
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- Bates Expanded Steel Truss Co. v. Sisters of Mercy of JanesvilleWisconsin Supreme Court · 1932