Smyers v. Beam
Supreme Court of Pennsylvania
Smyers v. Beam, 158 Pa. 57 (Pa. 1893)
27 A. 884; 1893 Pa. LEXIS 1540
Dean, Green, McCollum, Mitchell, Stekrett, Thompson, Williams
Smyers v. Beam
Opinion of the Court
This appeal by Edward Seifert is from the decree distributing the fund raised by the sale of J. B. Beam and Polly Beam’s real estate on executions of D. J. Smyers and others.
An examination of the record with special reference to the assignments of error has failed to satisfy us that either of them should be sustained.
So far as the constitutionality of the act of May 18, 1887, is involved, that question has been settled by opinion just filed in Purvis et al. v. Ross, No. 36 of this term. [Reported above, page 20.]
Decree affirmed and appeal dismissed, with costs to be paid by the appellant, Edward Seifert.
Reference
- Full Case Name
- Smyers v. Beam. Seifert's Appeal
- Cited By
- 10 cases
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- Published
- Syllabus
- Mechanic's lien — Addition and alteration — Act of May 18,1887. The owner of a building took out all partitions in the second story of the old building, took off its roof and the upper story of the west wall, spliced the studding in the south, east and north walls of the old building so as to raise its upper story on a level with the upper story of the new building, put it all under one roof and fitted out the upper story of the combined structure as an opera house, and the lower floor of the new addition as a store room, leaving the remainder of the old building substantially as it had been from its first erection. Held, that the new structure was an addition or alteration within the meaning of the act of May 18, 1887, P. L. 118, requiring notice to the owner of materials furnished, or work performed. Constitutional Law — Act of May 18, 1887. The act of May 18, 1887, P. L. 118, relating to mechanics’ liens for repairs, alterations or additions, is constitutional.