Atlantic Terra Cotta Co. v. Carson
Supreme Court of Pennsylvania
Appeal, No. 114, Jan. T., 1913, by David R. Carson, from judgment of Superior Court, Oct. T., 1912, No. 137, affirming judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1911, No. 7053, M. L. D., in case of Atlantic Terra Cotta Company v. David R. Carson, Owner or Eepnted Owner, and Calvin W. Eogers, Contractor. ■ Appeal from Superior Court. The opinion of the Supreme Court states the case. See Atlantic Terra Cotta Co. v. Carson, 53 Pa.
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Appeal, No. 114, Jan. T., 1913, by David R. Carson, from judgment of Superior Court, Oct. T., 1912, No. 137, affirming judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1911, No. 7053, M. L. D., in case of Atlantic Terra Cotta Company v. David R. Carson, Owner or Eepnted Owner, and Calvin W. Eogers, Contractor. ■ Appeal from Superior Court. The opinion of the Supreme Court states the case. See Atlantic Terra Cotta Co. v. Carson, 53 Pa. Superior Ct. 91. The Superior Court affirmed a judgment entered for plaintiff for want of an affidavit of defense. Defendant appealed. Error assigned was the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the judgment of the Superior Court, affirming a judgment of the Court of Common Pleas, No. 3, of Philadelphia County, in an action of scire facias upon a mechanics’ lien. The claim was filed in the usual way, and was admittedly regular, but the writ of scire facias was issued less than fifteen days prior to the return day. The Act of June 16, 1836, P. L. 695, which was in force until the passage of the Act of June 4, 1901, P. L. 431, but was expressly repealed by section 61 of that act (p. 458), provided that “no scir® facias shall in any…
2Cases cited3 opinions
- Schlaudecker v. MarshallSupreme Court of Pennsylvania · 1873
- Opening of Ruan StreetSupreme Court of Pennsylvania · 1890
- Guenthoer's EstateSupreme Court of Pennsylvania · 1912
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- Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
- Frysinger v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Gedrich v. Yaroscz Et Ux.Superior Court of Pennsylvania · 1931
- Brader v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1924
- Gabro v. Uzelac, Pennsylvania Court of Common Pleas, Mercer County1950
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