Christ v. Dubosky
Supreme Court of Pennsylvania
Appeal, No. 1, Jan. T., 1919, by The First 'National Bank of Tamaqua, from decree of C. P. Schuylkill Co-., Sept. T., 1913, No. 1, refusing to strike off a mechanic’s lien, in case of C. E. Christ, L. L. Wetzel and D. J. Artz, trading as the Tamaqua Construction Company, v. Anthony Dubosky. Rule to show cause why a mechanic’s lien should not be stricken off for matters appearing of record.
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Appeal, No. 1, Jan. T., 1919, by The First 'National Bank of Tamaqua, from decree of C. P. Schuylkill Co-., Sept. T., 1913, No. 1, refusing to strike off a mechanic’s lien, in case of C. E. Christ, L. L. Wetzel and D. J. Artz, trading as the Tamaqua Construction Company, v. Anthony Dubosky. Rule to show cause why a mechanic’s lien should not be stricken off for matters appearing of record. Bechtel, P. J., filed the following opinion: This case comes before us on a rule upon the plaintiff to show cause why the mechanic’s lien should not be stricken from the record for matters appearing of…
1Opinion of the Court
Per Curiam,
The learned court did not err in finding that the true date of the filing of the notice of service that the mechanic’s lien had been filed, was July 18, 1913, but, before discharging the rule to show cause, the record ought to have been properly amended. If it had been so amended, this appeal would be dismissed.
And now, May 6, 1918, it is ordered that the entire record be remitted to the court below, that it may amend its record as indicated, and, when so amended, the rule to show cause will be properly discharged.
2Cited by9 opinions
- Mid-City Bank & Trust Co. v. MyersSupreme Court of Pennsylvania · 1941
- Commonwealth ex rel. Eldredge v. EldredgeSuperior Court of Pennsylvania · 1954
- Cardello v. Fleming, Pennsylvania Court of Common Pleas, Alleghany County1941
- Gauz's Petition, Pennsylvania Court of Common Pleas, Luzerne County1938
- Germantown Trust Co. v. Buckley, Pennsylvania Court of Common Pleas, Philadelphia County1934
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