Miller v. Fitz
Superior Court of Pennsylvania
Appeal, No. 237, Oct. T., 1908, by plaintiffs, from order of C. P. Franklin Co., April T., 1907, No. 95, refusing to take off nonsuit in case of John M. Miller and George A. Miller, trading as Miller Brothers, Subcontractors, v. Harvey J. Fitz, Contractor, and Mary Dulany Barker, Owner. Scire facias sur mechanic’s lien. Before Gillan, P. J. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 237, Oct. T., 1908, by plaintiffs, from order of C. P. Franklin Co., April T., 1907, No. 95, refusing to take off nonsuit in case of John M. Miller and George A. Miller, trading as Miller Brothers, Subcontractors, v. Harvey J. Fitz, Contractor, and Mary Dulany Barker, Owner. Scire facias sur mechanic’s lien. Before Gillan, P. J. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned among others was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Morrison, J.,
This issue was upon a scire facias sur mechanic’s lien and at *583the trial the court granted a compulsory nonsuit and subsequently refused to take it off and appellants excepted and, hence, this appeal.
The record contains ten specifications of error, but a careful examination of them, and the entire record, does not convince us that the whole record discloses reversible error. It is not proposed to discuss each assignment separately because of the controlling fact that the appellants did not succeed in filing a valid mechanic’s lien against the property of the appellee,…
2Cases cited7 opinions
- McVey v. KaufmannSupreme Court of Pennsylvania · 1909
- Westmoreland Guarantee Building & Loan Ass'n v. ConnorSupreme Court of Pennsylvania · 1907
- Tenth National Bank v. Smith Construction Co.Supreme Court of Pennsylvania · 1907
- Wolf Co. v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
- Keely v. JonesSuperior Court of Pennsylvania · 1908
2 more not listed; retrieve them via the Exa API.
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- Sitler v. P. O. S. of A. Hall Ass'n, Pennsylvania Court of Common Pleas, Columbia County1923
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