Roberts v. Sharp

Decided April 16, 1894

Supreme Court of Pennsylvania · decided 1894-04-16

Appeal, No. 265, Jan. T., 1894, by-defendant, John M. Sharp, from order of C. P. No. 4, Phila. Co., Sept. T., 1893, No. 906, making absolute rule for judgment for amount admitted to be due. Scire facias sur mechanic’s lien.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1894-04-16

How this case has been cited

Cited by 3 later decisions — most recently July 1966

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1The very object of the act of 1893 was to enable judgment to be entered for the amount admitted to be due without pre*189judice to the plaintiff’s right to proceed to trial for the recovery of the balance of the demand. No distinction between, or separation of, items of the demand was within the language or proper meaning of the act, and as it provides that judgment may be taken for the amount admitted to be due, and authorizes a trial for “ the balance of the demand,” we consider that it is of no consequence to determine how the amount is ascertained or how the balance is composed.

¶2Judgment affirmed.