Scholl v. Gerhab
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bucks county: Of January Term 1878, No. 40. Scire facias sur mechanics’ lien by John Gerhab against Benjamin Scholl, owner or reputed owner and contractor, with notice to Daniel M. Kramer, terre-tenant. Defendant pleaded non assumpsit, payment with leave to give special matter in evidence.
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Error to the Court of Common Pleas of Bucks county: Of January Term 1878, No. 40. Scire facias sur mechanics’ lien by John Gerhab against Benjamin Scholl, owner or reputed owner and contractor, with notice to Daniel M. Kramer, terre-tenant. Defendant pleaded non assumpsit, payment with leave to give special matter in evidence. The lien was filed April 16th 1877, and was for materials, consisting of lumber, doors, sashes, mouldings, &c., &c., furnished for and about the erection and construction of a dwelling-house. The date of the first item furnished was January 17th 1876, and the dates of…
1Opinion of the CourtJustice Sterrett
The validity of the mechanics lien or claim upon which the scire facias was based, was not put in issue by the pleading, and hence there was no error in permitting it to go to the jury in connection with the testimony which had been given to prove the sale and delivery of the materials specified in the claim as filed. The pleas were non assumpsit, and payment with leave to give special matter in evidence. It was held in Lewis v. Morgan, 11 S. & R. 234, that on a plea of payment with leave, &e., advantage could not be taken of the invalidity of the lien; that the plea virtually admitted the…
2Cited by6 opinions
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1906
- City of York v. MillerSupreme Court of Pennsylvania · 1916
- Allentown v. AckermanSuperior Court of Pennsylvania · 1908
- York City v. MillerSuperior Court of Pennsylvania · 1915
- Albany v. Albany, Pennsylvania Court of Common Pleas, Philadelphia County1949
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