Crane Co. v. Rogers
Superior Court of Pennsylvania
Appeal, No. 241, October T., 1914, by plaintiff, from order of C. P. No. 5, Philadelphia Co., March T., 1912, No. 100, M. L. D., striking off mechanic’s lien in case of Crane Company v. Calvih W. Rogers, George B. Kilpatrick and Josephine L. Kennedy, Owners or Reputed Owners, and Alfred S. Powell, Contractor. Rule to strike off mechanic’s lien. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 241, October T., 1914, by plaintiff, from order of C. P. No. 5, Philadelphia Co., March T., 1912, No. 100, M. L. D., striking off mechanic’s lien in case of Crane Company v. Calvih W. Rogers, George B. Kilpatrick and Josephine L. Kennedy, Owners or Reputed Owners, and Alfred S. Powell, Contractor. Rule to strike off mechanic’s lien. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to strike off lien. ... ... ...
1Opinion of the Court
Opinion by
Kephart, J.,
This is a proceeding under Sec. 23 of the Act of June 4, 1901, P. L. 431, by a mortgagee to strike off a judgment *307entered on a scire facias sur mechanic’s lien. This section provides as follows: “Any party having a lien against, estate in pr charge upon the. property included, in such claim, may file his petition, under oath or affirmation, averring that......for any reason the,claim is postponed to the rights of the petitioner, and, praying an appropriate, decree; whereupon the court shall grant a rule upon such claimant to show cause why the relief prayed for should…
2Cases cited5 opinions
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
- Burrows v. CarsonSupreme Court of Pennsylvania · 1914
- Sax v. School DistrictSupreme Court of Pennsylvania · 1912
- Appeal of HoferSupreme Court of Pennsylvania · 1887
- Heist v. MontayneSuperior Court of Pennsylvania · 1913
3Cited by7 opinions
- Georges Township School DirectorsSupreme Court of Pennsylvania · 1926
- Felheim v. Perry Brewing Co.Superior Court of Pennsylvania · 1916
- Steinback's Sons v. Keystone Oil Service Co., Pennsylvania Court of Common Pleas, Lancaster County1923
- Cook v. Jenkins, Pennsylvania Court of Common Pleas, Westmoreland County1934
- Pennsylvania Supply Co. v. Tichy, Pennsylvania Court of Common Pleas, Cumberland County1934
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