Wethered v. Garrett

Citations

• 140 Pa. 224
• 21 A. 319
• 1891 Pa. LEXIS 831

Syllabus

<p>1. The sufficiency of the description in a mechanics’ lien, of the building against which it is filed, is a matter that affects and concerns the owner only, and when he has suffered judgment by default in a scire facias on the lien, the contractor, sued with him, has no standing to defend on the ground that the building was not properly described.</p> <p>2. It seems: The benefits of the mechanics’ lien laws are not restricted to citizens of this commonwealth, and one who is a citizen of another state, and resides and does business therein, may file a mechanics ’ lien against a building within this state, for materials furnished by him, in and about its erection and on its credit, upon the order of the contractor.</p> <p>3. It seems: In a scire facias upon a mechanics’ lien for the price of heating and ventilating apparatus for a greenhouse, furnished to the contractor, a plea filed by the contractor, specially denying that such materials were furnished on the credit of the building, does not require the plaintiff to show affirmatively more than that they were furnished for the particular building.</p>