The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-10-11

Il
the Act of Assembly of June nth,
1870 so as to make the said charges
conform to the I2th Section of the
Mechanics lien Act of Assembly OF
June 10th, 1896. In that case the
Supreme Court reversed the judgment
of the Court below because it refused
to strike from the record of the lien a
charge really more specific and full
than the one in question. In the
case now under consideration it is
urged by counsel for plaintiff that be-
cause the charge complained of refers
to the specifications, drawings &c"
of the building into which the mater
ials went, and upon the credit of which
the work was done, and which draw
ings are alleged to be, and have been,
in the hands OF the owner, he was
thereby sufficiently informed Of how
the charge or sum total was made up,
and that therefore it should remain at
least until after the evidence shall
have been heard, and that if 1t shall
appear from that, that the owner had
full knowledge Of the several items
constituting the whole, then the
charge should be held good and valid.
We think that the fact of the per-
fection or sufficiency of such preferred
and favored lien should not depend
upon or be decided by evidence outside
the record. Upon its own showing
or inspection for its foundation 1t
must stand or fall. The remedy by
mechanics lien is special and should
strictly follow the requirements of the
statute. 1t cannot be supplemented
by oral testimony or left to inference.
1t is our unquestioned duty to follow
and obey the decisions Of the Supreme
Court, and it seems to US that re-
fusal to sustain this motion would be
in direct conflict with their recent
rulings on this very subject. March
:3,h last we overruled this demurrer;
but we are now obliged TO sustain it
under the decision Of the Supreme
Court above referred to and the
authorities therein cited. 1t seems
to US that different determination
Of this matter by us would end in a
reversal Of our judgment and useless
litigation and costs to the parties.
And now Oct. 9TH, 1895 our former
order made in the matter March 20,
1895 is revoked and set aside, the
present motion is sustained, and the
charges as set forth in the mechanics
lien, as of July 81, 1895 is stricken
from the record and not to be con-
sidered in the trial of the case.
By THE COURT.
Monday night about 9 o'clock jury
returned a verdict in favor of the
Plaintiff for $4s8.3o.
In the estate of Eliza Eek, deceased
Grant Herring was appointed auditor
on exceptions and make distribution
&c.
In the estate of Susannah Evans,
deceased. ]. S. Evans Esq, was ap-
pointed auditor.
B. F. Foulk VS.. Catawissa Fibre
Co. Exceptions are Withdrawn and
the defendant consents to the affirm
ance of judgment.
P. w. Whitmire VS.. Abner A. Evans.
Rule granted to show cause why
sheriff should not accept the lien
creditors receipt of J. R. Fowler and
execute to him a deed. Returnable
Wednesday Oct. 10, 1895.
In the estate of Samuel Shive, de-
ceased, the time for the reading of
the return to the order of sale was
continued until Saturday Oct. 5tE, at
2 o'clock P. NJ.
In tie estate of Gearhart B. Hess,
deceased. w. H. Magill Esq, was
appointed auditor to make distribu.
| ton.
In the estate of John Hummer, de-
ceased. Rule is granted to accept real
estate. Returnable at next term.
Sale of real estate ordered in the
estate of Nathan Cromis, deceased.
Bond filed and approved,
H. A. McKillip Esq, was appoint.
ed auditor to make distribution in the
estate Of G. w. Adams, deceased.
Louisa Rabuck VS.. S. H. & W.
Rail Way Co. Motion made by
defendants in arrest of judgment
Reasons to be filed in four days.
| In the estate of ]. L. Mensinger
deceased. Sale of real estate ordered
Bond filed and approved.
| Report of Auditor in the estate o
Samuel Yost, deceased, confirmed
nisi.
| In the estate of A. X. Smith, de
ceased. Inquest awarded.
In the application of Elizabeth
Harris to annul the marriage tc
George Reed, w. H. Snyder, Esq.
appointed commissioner to take testi
mony.
Argument Court fixed for Tuesday
November IL, 1895 at 9 o'clock A. M
| In the estate of Iohn Gordon. de