Delaware R. v. Amity Coal Co.

Citations

• 124 Pa. 635
• 17 A. 180
• 1889 Pa. LEXIS 1067

Syllabus

<p>(а) Tn the distribution oí the proceeds of a sheriff’s sale of the plant of a coal company, a mechanics’ lien creditor claimed for lumber furnished continuously in and about the erection of the coal breaker and upon the credit of the structure.</p> <p>(б) Upon sufficient evidence, the auditor found as faots, that the breaker was completed on September 20, 1884; that the boarding up of an archway between the shaft-tower and the breaker finished about December 12, 1884, was but an addition or alteration of the structure not contemplated when the breaker was erected.</p> <p>(c) The auditor found also, as matter of law, that although the claimant furnished lumber on December 12, 1884, for the work then done on the structure, yet, the claim for lien not being filed until June 6, 1885, it was then too late to entitle the claimant to participate.</p> <p>(d) After the auditor had given notice of his conclusions, the claimant filed a request for an issue to determine, “whether the portion of the breaker finished in December, 1884, was a constituent part of the structure,” hut the court below refused the request and confirmed the auditor’s report.</p> <p>1. Por reasons stated in Harman’s Appeal, ante, 624, there was no error in any of the findings of fact relating to the completion of the building and the consequent invalidity of the lieu under which the right to participate in the fund for distribution was claimed.</p> <p>2. And, as an affirmative finding that “the portion of the breaker finished in December, 1884, was a constituent part of the structure,” would determine nothing at all as to when the structure was completed, the issue as presented was irrelevant and immaterial and it was not error to refuse the request.</p>