Bolton v. Hey

Citations

• 168 Pa. 418
• 31 A. 1097
• 1895 Pa. LEXIS 814

Syllabus

<p>Mechanic's lien — Bes adjudicata — Judgment.</p> <p>The judgment of a proper court puts an end to all further litigation on account of the same matter, and becomes the law of the case, which cannot be changed or altered, even by the consent of the parties, and is not only binding upon them, but upon the courts and juries ever afterwards, as long as it shall remain in force and unreversed.</p> <p>On .an appeal from an order refusing to enter a judgment on a scire facias sur mechanic’s lien for want of a sufficient affidavit of defense, the Supreme Court construed the agreements between the parties as not conferring the right to file liens. The judgment was affirmed and a plea filed in the lower court. Before the trial the Supreme Court applied in other cases a different rule of construction with a different result to contracts of like tenor and effect. Held, that the trial court was bound by the rule laid down by the Supreme Court in affirming the judgment, notwithstanding the different rule laid down in subsequent cases.</p>