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36 Pa. 347

Lybrandt v. Eberly

Supreme Court of Pennsylvania

Decided July 1, 1860

Supreme Court of Pennsylvania · decided 1860-07-01

This was a scire facias on a mechanic’s claim, by John Eberly against Henry Lybrandt, Frederick Klineyoung, and Christopher Lybrandt. The claim was filed on the 16th February 1856, for the sum of $347.98J, for carpenter work and boarding, done and furnished by the said John Eberly, within six months last past, for and about the erection and construction of a two-story stone and frame house of the defendants, in Safe Harbor.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

How this case has been cited

Cited by 11 later decisions — most recently October 1926

2 federal appellate · 8 state decisions

401860187018801890190019101920decided

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 formal validity of the mechanic’s lien is not put in issue by the plea of payment: 11 S. & R. 234; and hence it was properly read to the jury as a declaration or cause of action, admitted and properly sent out with them. Indeed, we know not how any issue to the jury can be raised on the formal deficiencies of the claim filed, such as the want of dates; for these are mere questions of law. Such objections, in accurate practice, ought to be raised by demurrer or by moving to strike off the lien, and we ought to come to this as soon as we can.

¶2*349The hoarding of the hands appears to have been part of the compensation to be paid for the work and labour in the erection of the house, and therefore the cost of it is a proper item in the claim for a lien.

¶3Judgment affirmed.

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