Young v. Peckman

Alleghany County Court of Common Pleas

Young v. Peckman

3 Pa. D. & C. 394, 1923 Pa. Dist. & Cnty. Dec. LEXIS 443

CourtPennsylvania Court of Common Pleas, Alleghany County

DecidedJanuary 5, 1923

DocketNo. 1300

StatusPublished

This text of 3 Pa. D. & C. 394 (Young v. Peckman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. Peckman, 3 Pa. D. & C. 394, 1923 Pa. Dist. & Cnty. Dec. LEXIS 443 (Pa. Super. Ct. 1923).

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Opinion

Shaper, P. J.,

The reasons assigned for striking off the lien are that the notice of intention to file the same was not served in time, and that the claim is for a lump sum. An examination of the record shows that this rule was taken after a scire facias had been issued on the lien and duly served, and judgment taken thereon for the plaintiff in default of appearance and affidavit of defence.

While this judgment remains on the record, no such proceeding as this has any place. The lien is merged in the judgment, and the judgment, while it stands, is conclusive of all matters necessary to the maintenance of the lien. The matters complained of in the reasons assigned are, therefore, res adjudicata. The rule is, therefore, discharged.

Prom Edwin L. Slattern, Pittsburgh, Pa.

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Shaper, P. J.,

The reasons assigned for striking off the lien are that the notice of intention to file the same was not served in time, and that the claim is for a lump sum. An examination of the record shows that this rule was taken after a scire facias had been issued on the lien and duly served, and judgment taken thereon for the plaintiff in default of appearance and affidavit of defence.

While this judgment remains on the record, no such proceeding as this has any place. The lien is merged in the judgment, and the judgment, while it stands, is conclusive of all matters necessary to the maintenance of the lien. The matters complained of in the reasons assigned are, therefore, res adjudicata. The rule is, therefore, discharged.

Prom Edwin L. Slattern, Pittsburgh, Pa.

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Bluebook (online)

3 Pa. D. & C. 394, 1923 Pa. Dist. & Cnty. Dec. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-peckman-pactcomplallegh-1923.