Warren v. Johnston
Superior Court of Pennsylvania
Appeal, No. 42, April T., 1907, by defendant, from order of C. P. No. 2, Allegheny Co., July T., 1905, No. 763 and M. L. No. 12, April T., 1905, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John G. Warren v. A. A. Jobnston. Scire facias sur mechanic’s lien.
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Appeal, No. 42, April T., 1907, by defendant, from order of C. P. No. 2, Allegheny Co., July T., 1905, No. 763 and M. L. No. 12, April T., 1905, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John G. Warren v. A. A. Jobnston. Scire facias sur mechanic’s lien. Before Shafer J. On a rule for judgment for want of a sufficient affidavit of defense Shafer J. filed the following opinion : The action is sci. fa. on a mechanic’s lien against a dwelling house, built by the plaintiff as contractor with the owner, the defendant. The affidavit of defense…
1Opinion of the Court
Opinion by
Morrison, J.,
The questions raised by this appeal are the refusal of the court below to strike off a mechanic’s lien and granting judgment on a sci. fa. thereon for want of a sufficient affidavit of defense.
The appellee contends that the question of the refusal of the court to strike off the lien cannot now be considered. The counsel for defendant moved to strike off the lien and this motion was refused. This is not a final order or judgment from which an appeal will lie. In such case the defendant must wait until there is a final judgment before he can have the action of the court…
2Cases cited3 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- Knelly v. HorwathSupreme Court of Pennsylvania · 1904
- Carter v. CaldwellSupreme Court of Pennsylvania · 1892
3Cited by5 opinions
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Arcady Farms Milling Co. v. SedlerSupreme Court of Pennsylvania · 1951
- Miller v. FitzSuperior Court of Pennsylvania · 1910
- Dye v. Fryer, Pennsylvania Court of Common Pleas, Northumberland County1924
- Washington Township RoadLehigh County Court of Quarter Sessions · 1922