Diller v. Burger
Supreme Court of Pennsylvania
May 3d 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ.. Error to the Court of Common Pleas of Lancaster county : No. 65, to May Term 1871. The proceedings in the court below were upon a mechanic’s lien, filed by William Diller against John Adam Burger, for machinery, &c., furnished for a brewery and an addition thereto.
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May 3d 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ.. Error to the Court of Common Pleas of Lancaster county : No. 65, to May Term 1871. The proceedings in the court below were upon a mechanic’s lien, filed by William Diller against John Adam Burger, for machinery, &c., furnished for a brewery and an addition thereto. The real estate against which the lien was entered having been sold by the sheriff, under a fieri facias issued upon a judgment held by Jacob K. Shenk, and the money arising from the sale, not sufficient to satisfy both debts, paid into court, the court upon…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
We discover no unfairness in the submission of this case to the jury by the learned judge in the court below. He carefully informed the jury that they were to determine the facts, and informed them what facts were to be determined by them. It is true in narrating the case in order to present to their minds the questions involved, he spoke of the new building and the old one, the time when one was finished and the other begun. But in doing this he only used the language of the witnesses and followed the evidence. The facts of the case are…
2Cited by3 opinions
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Felheim v. Perry Brewing Co.Superior Court of Pennsylvania · 1916
- Pancoast v. Minter, Pennsylvania Court of Common Pleas, Montgomery County1959