Fourth Avenue Baptist Church v. Schreiner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 248. Scire facias sur mechanic’s lien by John Schreiner against the Fourth Avenue Regular Baptist Church of Pittsburgh, owners, &c., and Henry Murphy and T. J. Hamilton, copartners, as Murphy & Hamilton, contractors, and the Smithfield National Bank of Pittsburgh.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 248. Scire facias sur mechanic’s lien by John Schreiner against the Fourth Avenue Regular Baptist Church of Pittsburgh, owners, &c., and Henry Murphy and T. J. Hamilton, copartners, as Murphy & Hamilton, contractors, and the Smithfield National Bank of Pittsburgh. The facts, in substance, were these: By a written agreement dated October 10th 1872, and by virtue of an Act of Assembly approved January 31st 1873, the “ Union Regular Baptist Church of Pittsburgh,” and the “First Baptist Church…
1Opinion of the Court
The judgment of the Supreme Court was entered November 25th 1878, .
2Per curiam
It may be granted that after the expiration of the six months allowed by the Act of Assembly for the filing of a mechanic’s claim, no material amendment of the claim filed is admissible. But the amendments allowed in this case by the court below, which form the only matters complained of in the five assignments- of error, were immaterial and unnecessary. When the work of the plaintiff below was commenced, the legal title of the lot upon which the building was erected was in the First Baptist Church, against which the claim was…
3Cases cited1 opinion
- Okison v. FlickingerSupreme Court of Pennsylvania · 1841
4Cited by8 opinions
- Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
- Toll-Barkan Co. v. TOLLSuperior Court of Pennsylvania · 1960
- Delmont Mechanical Services, Inc. v. Kenver Corp.Superior Court of Pennsylvania · 1996
- Benson Hardware Co. v. JonesSupreme Court of Alabama · 1931
- Brown v. EngleSuperior Court of Pennsylvania · 1921
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