Kountz v. Consolidated Ice Co.
Superior Court of Pennsylvania
Appeal, No. 194, April T., 1908, by plaintiff, from order of C. P. No. 2, Allegheny Co., April T., 1901, No. 538,' arresting judgment of case of The Kountz Brothers Company v. The Consolidated Ice Company, owner or reputed owner, Peter W. Herrington and Andrew Henslein, partners as Herrington & Henslein, and Harry R. Worthington. Scire facias sur mechanic’s lien. Before Young, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 194, April T., 1908, by plaintiff, from order of C. P. No. 2, Allegheny Co., April T., 1901, No. 538,' arresting judgment of case of The Kountz Brothers Company v. The Consolidated Ice Company, owner or reputed owner, Peter W. Herrington and Andrew Henslein, partners as Herrington & Henslein, and Harry R. Worthington. Scire facias sur mechanic’s lien. Before Young, J. The facts are stated in the opinion of the Superior Court. Error assigned was in arresting judgment.
1Opinion of the Court
Opinion by
Pice, P. J.,
This is an appeal by the plaintiff from an order arresting judgment upon verdict in its favor in'a scire facias upon a mechanic’s lien. The question for decision is whether the lien had expired and recovery thereon was barred by reason of the plaintiff’s failure to obtain judgment within five years from the date when scire facias was issued. The fairest way to show how the question arises is to recite the proceedings according to the dates as set forth in the record. They are as follows: November 15, 1900, mechanic’s lien filed; February 20, 1901, sci. fa. issued; May…
2Cases cited6 opinions
- Meason's EstateSupreme Court of Pennsylvania · 1835
- Hunter v. LanningSupreme Court of Pennsylvania · 1874
- Ward v. PattersonSupreme Court of Pennsylvania · 1863
- Hershey v. ShenkSupreme Court of Pennsylvania · 1868
- Howes & Bros. v. DolanSuperior Court of Pennsylvania · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brann & Stuart Co. v. Consolidated Sun Ray, Inc.Supreme Court of Pennsylvania · 1969
- Philadelphia v. KellySuperior Court of Pennsylvania · 1916
- In re DuboskyDistrict Court, E.D. Pennsylvania · 1918
- Brann & Stuart Co. v. Consolidated Sun Ray, Inc.Supreme Court of Pennsylvania · 1969