Howes & Bros. v. Dolan
Superior Court of Pennsylvania
Appeal, No. 125, Oct. T., 1898, by plaintiffs, from order of C. P. No. 2, Phila. Co., Sept. T., 1892, No. 637, striking off mechanic’s lien and judgment. Rule to strike off mechanic’s lien and judgment entered thereon.
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Appeal, No. 125, Oct. T., 1898, by plaintiffs, from order of C. P. No. 2, Phila. Co., Sept. T., 1892, No. 637, striking off mechanic’s lien and judgment. Rule to strike off mechanic’s lien and judgment entered thereon. It appears from the record that on October 11, 1892, plaintiffs filed a mechanic’s lien upon which a scire facias issued December 9, 1892. On October 27, 1897, the verdict was entered after due trial in the sum of $405.74. October 25,1897, a motion and rule for a new trial were filed by defendants. The court below held this motion under advisement for two months, to wit: until…
1Opinion of the Court
Opinion by
Rige, P. J.,
The plaintiff obtained a verdict in a scire facias upon a mechanic’s lien within five years from the date of the issuing of the sci. fa., but after five years from the date of the filing of the lien, but owing to the pendency of a rule for a new trial granted upon the defendants’ application, judgment was not entered on *588tbe verdict until after the expiration of five years from the date of the issuing of the sci. fa. The quo < tioh is whether the lien had expired at the time judgment was entered.
Section 24 of the Act of June 16, 1836, P. L. 695, provides that the lien of…
2Cases cited11 opinions
- Armstrong's AppealSupreme Court of Pennsylvania · 1843
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
- Moravian Seminary v. Bethlehem BoroughSupreme Court of Pennsylvania · 1893
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- Ward v. PattersonSupreme Court of Pennsylvania · 1863
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