Mountain City Market House & Hall Ass'n v. Kearns & Co.
Supreme Court of Pennsylvania
■Error to. the Court of Common Pleas of Schuylkill county: Gf January Term 1883, No. 346. Scire facias sur mechanics’ lien filed by P. Kearns & Co., against the Mountain City Hall and Market House Association, lessee of a tract-of land in the borough of Pottsville, Schuylkill county. Pleas, nil debet, no lien, payment, with leave, etc.
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■Error to. the Court of Common Pleas of Schuylkill county: Gf January Term 1883, No. 346. Scire facias sur mechanics’ lien filed by P. Kearns & Co., against the Mountain City Hall and Market House Association, lessee of a tract-of land in the borough of Pottsville, Schuylkill county. Pleas, nil debet, no lien, payment, with leave, etc. On the trial, before Pershing, P. J., the facts appeared to be as follows: In January 1876 a number of citizens of Potts-ville subscribed to stock for the purpose of organizing the Mountain City Market House and Hall Association. They severally agreed in…
1Opinion of the CourtJustice Tkunkey
*407Soon after the enactment of the Act of February 17th 1858, relating to mechanics’ liens in the counties of Luzerne and Schuylkill, it was decided that the Act applies generally to tenants of leased estates, and cannot be restricted to tenants of coal leases, and that an ice-house erected, not as an out-house or appurtenant to a man’s residence, but as an independent and separate structure for purposes of commerce, is an improvement subject to a lien : also that the interest of the tenant in the ground necessary for en joyment of the ice-house is an object against which the lien may be entered…
2Cited by1 opinion
- George Carroll & Bro. Co. v. YoungCourt of Appeals for the Third Circuit · 1903