Whelan v. Hill

IN ERROR. A judgment for the defendant, in a personal action by a mechanic or material man, against the owner of a building, is a bar to a scire facias against the same person, on a claim filed in the Common Pleas, by the same plaintiff against the building.

Writ of error to the Court of Common Pleas, for the City and County of Philadelphia. In the Court below, Edward Whelan issued a scire facias under the mechanics’ lien-law, against Edwin J. Hill, upon a claim filed on the 15th of November, 1834, for $19 95; being for stone furnished by the plaintiff, for the construction of a certain building owned by the defendant. On the 16th of December, 1834, the plaintiff instituted a personal •action against the defendant, before an alderman, who after hearing the parties, gave judgment for the defendant. The scire facias on the claim, was issued on the 13th May, 1835. The defendant pleaded in bar, the former judgment in his favour, given by the alderman; to which the plaintiff demurred; and the Common Pleas gave judgment for the defendant on the demurrer. The plaintiff having removed the record to this Court, assigned the following errors: “ 1. The Court below erred, in deciding that the judgment of the alderman was conclusive between the parties in this cause. 2. The Court below erred, in entering judgment for the defendant, upon the demurrer to his plea.”