Bolton v. Hey
Supreme Court of Pennsylvania
Appeal No. 263, Jan. T., 1895, by defendants, from judgment of C. P. Delaware Co., June T., 1894, No. 6, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Clayton, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal No. 263, Jan. T., 1895, by defendants, from judgment of C. P. Delaware Co., June T., 1894, No. 6, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Clayton, P. J. The facts appear by the opinion of the Supreme Court. The court directed a verdict for plaintiff reserving the following question of law: “Whether the judgment of the Supreme Court, dated March 28,1892, affirming the judgment of this court, dated the 4th day of November, A. D. 1891, discharging the rule for judgment for want of sufficient affidavit of defense filed to the original scire facias issued on the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This alias scire facias was issued March, 1894, on the same mechanic’s lien on which the original scire facias of 1891 was issued. That case was before us for adjudication two years ago, and is reported in 148 Pa. 156. Aside from the legal effect of our judgment and the subsequent proceedings in that case, the parties, subject-matter of the controversy, etc., in both actions, are precisely the same now as they were then. The original scire facias came here on appeal by plaintiff from re,fusal of the court below to enter judgment for want of a sufficient…
2Cases cited6 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
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