Wyss-Thalman v. Beaver Valley Brewing Co.
Supreme Court of Pennsylvania
Appeal, No. 151, Oct. T., 1906, by plaintiff, from judgment of C. P. Beaver Co., Dec. T., 1904, No. 218, on verdict for defendant in case of V". Wyss-Thalman v. Beaver Yalley Brewing Company. Scire facias sur mechanic’s lien. Before Holt, P. J. At the trial the following agreement in writing was offered in evidence by the defendant: “ This article of agreement, made and entered into this tenth day of August, A. D. 1904, by and between Wm.
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Appeal, No. 151, Oct. T., 1906, by plaintiff, from judgment of C. P. Beaver Co., Dec. T., 1904, No. 218, on verdict for defendant in case of V". Wyss-Thalman v. Beaver Yalley Brewing Company. Scire facias sur mechanic’s lien. Before Holt, P. J. At the trial the following agreement in writing was offered in evidence by the defendant: “ This article of agreement, made and entered into this tenth day of August, A. D. 1904, by and between Wm. H. Cox, party of the first part, and V. Wyss-Thalman and Gothard Wyss, parties of the second part, and the Beaver Yalley Brewing Company, party of the third…
1Opinion of the Court
Opinion by
Mb,. Justice Elkin,
The first assignment seeks to convict the learned court below of error in not directing a formal plea to be entered before the jury was sworn when a motion for this purpose was made. Prior to the Act of June 4, 1901, P. L. 431, it was the practice to require a plea to join the issue on a sci. fa. sur mechanic’s lien, but the question of what is the proper practice under tins act has not been decided. The statute in express terms declares it to be its intention to “ furnish a complete *440and exclusive system in itself ” relating to mechanics’ liens. Section 82…
2Cases cited1 opinion
- Rynd v. Pittsburg NatatoriumSupreme Court of Pennsylvania · 1896
3Cited by4 opinions
- Vansciver v. ChurchillSuperior Court of Pennsylvania · 1908
- Seelar v. East End Mantel & Tile Co.Superior Court of Pennsylvania · 1914
- Pennock v. Locust Realty Co.Supreme Court of Pennsylvania · 1909
- Rich v. Boguszinski, Pennsylvania Court of Common Pleas, Luzerne County1927