Lybrandt v. Eberly
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was a scire facias on a mechanic’s claim, by John Eberly against Henry Lybrandt, Frederick Klineyoung, and Christopher Lybrandt. The claim was filed on the 16th February 1856, for the sum of $347.98J, for carpenter work and boarding, done and furnished by the said John Eberly, within six months last past, for and about the erection and construction of a two-story stone and frame house of the defendants, in Safe Harbor.
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Error to the Common Pleas of Lancaster county. This was a scire facias on a mechanic’s claim, by John Eberly against Henry Lybrandt, Frederick Klineyoung, and Christopher Lybrandt. The claim was filed on the 16th February 1856, for the sum of $347.98J, for carpenter work and boarding, done and furnished by the said John Eberly, within six months last past, for and about the erection and construction of a two-story stone and frame house of the defendants, in Safe Harbor. There was no date to the bill of particulars attached to the lien, and one of the items was the sum of $116.76, for boarding…
1Per curiam
The formal validity of the mechanic’s lien is not put in issue by the plea of payment: 11 S. & R. 234; and hence it was properly read to the jury as a declaration or cause of action, admitted and properly sent out with them. Indeed, we know not how any issue to the jury can be raised on the formal deficiencies of the claim filed, such as the want of dates; for these are mere questions of law. Such objections, in accurate practice, ought to be raised by demurrer or by moving to strike off the lien, and we ought to come to this as soon as we can.
*349The hoarding of the hands appears to have been…
2Cited by10 opinions
- National Surety Co. v. United States ex rel. Pittsburgh & Buffalo Co.Court of Appeals for the Sixth Circuit · 1916
- Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
- City of York v. MillerSupreme Court of Pennsylvania · 1916
- Cascaden v. WimbishCourt of Appeals for the Ninth Circuit · 1908
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