American Car & Foundry Co. v. Alexandria Water Co.
Supreme Court of Pennsylvania
Appeal, No 92, Jan. T., 1906, by plaintiff, from order of C. P. Huntingdon Co., May T., 1905, No. 23, striking off mechanic’s lien in ease of American Car & Foundry Co., Subcontractor, v. Alexandria Water Company, Owner or reputed owner, and William M. Powell & Co., Contractor. Rule to strike off mechanic’s lien. Before Woods, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was the order of the court striking off the lien.
1Opinion of the Court
Opinion by
Mr. Justice Potter,,
Two questions are raised by this appeal. 1. Whether or not the notice of the intention, on the part of the plaintiff to file a lien, complied with section 7 of the Act of June 4, 1901, P. L. 481. 2. Whether or not the lien filed by the plaintiff in this case complied with section 11 of the same act.
As to the notice, section 8 provides that “ any sub-contractor intending to file a claim, must give to the owner written notice to that effect, together with a sworn statement setting forth the contract under which he claims, the kind of labor or materials furnished,…
2Cases cited4 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- Knabb's AppealSupreme Court of Pennsylvania · 1849
- Scholl v. GerhabSupreme Court of Pennsylvania · 1880
- Noll v. SwinefordSupreme Court of Pennsylvania · 1847
3Cited by25 opinions
- Mitchell Engineering Co. v. Summit Realty Co.Missouri Court of Appeals · 1982
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1908
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- Tesauro v. BAIRDSuperior Court of Pennsylvania · 1975
- Denlinger, Inc. v. AgrestaSuperior Court of Pennsylvania · 1998
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