Fulton v. Peters

Decided November 3, 1890

Supreme Court of Pennsylvania · decided 1890-11-03

Nos. 36, 37 October Term 1890, Sup. Ct.; court below, Nos. 16, 17 February Term 1886, C. P. On November 10, 1885, James Fulton brought scire facias sur mechanics’ lien against James Peters, owner or reputed owner. On the same day, a like suit was brought by the same plaintiff upon another mechanics’ lien against Margaret Metzgar, owner or reputed owner. Issue in both cases.

Cited by 3 later decisions — most recently January 1901

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-03

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¶1FULTON V. PETERS.

Per Curiam:

¶2The plaintiff complains, (a) that the learned court erred in reserving as a question of law the third point presented by defendants ; and (&) that the court erred in entering judgment for defendants, non obstante veredicto, on such reserved point. We cannot sustain either objection. There was no exception to the reservation of the point, and for anything that appears *617the judgment non obstante was warranted by the record as presented.

¶3Judgment affirmed.

¶4FULTON V. METZGAR.

Per Curiam:

¶5This case is identical with Fulton v. Peters, supra, in everything.

¶6Judgment affirmed.