McCrum-Howell Co. v. Empfield
Superior Court of Pennsylvania
Appeal, No. 148, April T., 1912, by plaintiff, from judgment of C. P. Indiana Co., June T., 1910, No. 366, for defendants non obstante veredicto in case of McCrum-Howell Company v. Edward Empfield and Indiana Real Estate and Investment Company, owners or reputed owners, and Pennsylvania Supply Company, contractor. Scire facias sur mechanic’s lien. Before Teleord, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 148, April T., 1912, by plaintiff, from judgment of C. P. Indiana Co., June T., 1910, No. 366, for defendants non obstante veredicto in case of McCrum-Howell Company v. Edward Empfield and Indiana Real Estate and Investment Company, owners or reputed owners, and Pennsylvania Supply Company, contractor. Scire facias sur mechanic’s lien. Before Teleord, P. J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $1,489.51. On motion the court entered judgment for defendants non obstante veredicto. Error assigned was in…
1Opinion of the Court
Opinion by
Morrison, J,
The McCrum-Howell Company, plaintiff, a subcontractor, filed a mechanic’s lien on June 17, 1908, against the defendants, owners or reputed owners, and the contractor in pursuance of a notice of the intention to file such lien attempted to be given in pursuance of sec. 8, Act of June 4, 1901, P. L. 431. This section was amended by the Act of March 24, 1909, P. L. 65, but it is not contended that this amendment is retroactive and of course the notice must stand or fall under sec. 8 of the act of 1901. It is conceded that the notice was filed in due time and the most…
2Cases cited5 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- Willson v. CanevinSupreme Court of Pennsylvania · 1910
- McVey v. KaufmannSupreme Court of Pennsylvania · 1909
- Este v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
- Hart v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1909
3Cited by2 opinions
- Marchak v. McClureSuperior Court of Pennsylvania · 1954
- Keever v. Ulrich, Pennsylvania Court of Common Pleas, Dauphin County1927