Mehl & Sapper v. Fisher
Superior Court of Pennsylvania
Appeal, No. 16, April T., 1899, by defendants, from. judgment of C. P. Erie Co., Sept. T., 1896, No. 37, on verdict for plaintiffs. Opinion by W. D. Porter, J. Sci. fa. sur mechanic’s lien. of tbe 37th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 16, April T., 1899, by defendants, from. judgment of C. P. Erie Co., Sept. T., 1896, No. 37, on verdict for plaintiffs. Opinion by W. D. Porter, J. Sci. fa. sur mechanic’s lien. of tbe 37th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court. Defendants submitted among others the following point: [It appearing from the undisputed evidence in the case that the contract and specifications under and in pursuance of which the building in question was constructed, and that the building as constructed was an alteration of an old building,…
1Opinion of the Court
Opinion by
W. D. Pouter, J.,
This is a proceeding upon a mechanic’s lien, and the various specifications of error raise but one question. The learned court below instructed the jury that under the evidence, the building against which the lien was filed was of such a character that it would support the lien under the act of June 16, 1836, P. L. 695, without giving the notice required by the Act of May 18, 1887, P. L. 118, which instruction is assigned for error.
There was no attempt to embrace within the operation of this lien any part of an old building upon the theory that it had been so…
2Cases cited8 opinions
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Best v. Baumgardner, Eberman & Co.Supreme Court of Pennsylvania · 1888
- Warren v. FreemanSupreme Court of Pennsylvania · 1898
- Norris's AppealSupreme Court of Pennsylvania · 1858
- Smyers v. BeamSupreme Court of Pennsylvania · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Porter v. WeightmanSuperior Court of Pennsylvania · 1905