Russell v. Archer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: Of October and November Term 1874, No. 152. This was a scire facias on a mechanic’s lien, issued February 25th 1873, by J. G\ Archer against Alexander Russell and others. The lien was for $1327.75, and had been filed the same day. On the 21st of April 1873, the defendants filed an affidavit of defence, admitting $810.11 to be due, and averring a defence for the remainder.
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Error to the Court of Common Pleas of Venango county: Of October and November Term 1874, No. 152. This was a scire facias on a mechanic’s lien, issued February 25th 1873, by J. G\ Archer against Alexander Russell and others. The lien was for $1327.75, and had been filed the same day. On the 21st of April 1873, the defendants filed an affidavit of defence, admitting $810.11 to be due, and averring a defence for the remainder. Rule 16th of the Court of Common Pleas of Venango county, in relation to affidavits of defence, is as follows:— “ In all cases where an affidavit of defence is required…
1Opinion of the CourtJustice Mercur
Archer filed a mechanics’ lien against the plaintiffs in error, claiming §1327.75, for work and labor done on an oil-lease. A scire facias was issued, return served personally; defendants, in their affidavit of defence, admitted that they were indebted to the plaintiffs in the sum of §810.11, but set forth a defence to the balance of the claim. Judgment was entered for the sum admitted to be due, and the plaintiff recovered before the jury §450 additional.
This record presents a single question. It is this: Was the judgment first taken a final one ?
*475The 16th rule of the court below, inter alia,…
2Cases cited2 opinions
- O'Neal v. O'NealSupreme Court of Pennsylvania · 1842
- M'Kinney v. MitchellSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Equipment Corp. of America v. Primos Vanadium Co.Supreme Court of Pennsylvania · 1926
- Murta v. ReillySupreme Court of Pennsylvania · 1922
- Stedman v. PoterieSupreme Court of Pennsylvania · 1891
- Pennsylvania Co. v. Laughlin, Pennsylvania Court of Common Pleas, Philadelphia County1942