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5 Watts & Serg. 262

Lehman v. Thomas

Supreme Court of Pennsylvania

Decided March 15, 1843

Supreme Court of Pennsylvania · decided 1843-03-15

THIS was a writ of error to the District Court for the city and county of Philadelphia, in which the following claim had been filed: Benjamin Lehman, of Germantown, in the county of Philadelphia, lumber merchant, claim against Joseph R. Thomas, house carpenter, of Germantown, in the county of Philadelphia and township of Germantown, or any other person or persons concerned in erecting a two-story frame house, and two-story frame kitchen, and other buildings, situated on the…

Cited by 2 later decisions — most recently February 1846

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1843-03-15

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Per Curiam.

¶1The court necessarily has summary power to strike from the public record an irregular claim, which, though void, might cast a suspicion on the title to the property; and if it could be done on motion, it can be done on petition and answer or demurrer, as it was done here. The form is immaterial, and we must look at the substance. The materials are stated in -this case to have been furnished within six months before the filing of the claim. For purposes of specification, it might as well have been six years. The statute requires the date to be inserted not merely that it may appear the claim was filed'in time, but to individuate the cause or subject of it. The claimant may have filled many orders of the contractor within the period, and it was therefore necessary to specify what was meant. A lumber merchant ought to be able to give day and date for every item; and even a mechanic ought to be able to state the commencement and completion of his job with convenient certainty. Where this can. be done, it ought to be exacted, for it is a potent guard against imposition; and, to say nothing about any other exception, we are of opinion the time is too loosely stated.

¶2Judgment affirmed.

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