Crane Co. v. Rogers

Citations

• 60 Pa. Super. 305
• 1915 Pa. Super. LEXIS 186

Syllabus

<p>Mechanic’s lien — Bight of mortgagee to intervene — Constitutional law — Act of June If, 1901, Sec. S3, P. L. IfSl.</p> <p>Section 23 of the Act of June 4, 1901, P. L. 431, giving “dny party having a lien” against real estate the right to intervene to protect himself against a mechanic’s lien improperly or fraudulently filed against the property, is constitutional. The fact that judgment has been entered on the mechanic’s lien does not lessen the right, if the persons to be benefited by the act use due diligence.</p> <p>Where a judgment has been entered upon the lien the intervénor has no right to have the lien stricken off, but merely to 'have it postponed to his own lien so as to do him no injury.</p> <p>In such a case a petition for intervention cannot be. attacked on appeal because the intervenor did not personally sign and swear to the petition, if it appears that no objection was made on this ground in the answer, and that the cause had been heard on its merits.</p> <p>Mechanic’s lien — Subcontractors—Materials furnished — Daté of delivery.</p> <p>A mechanic’s lien filed by a materialman will be stricken off as insufficient, where the various articles of material furnished and their price are averred, but there is no averment as to the dates of the delivery of several specific articles, other than that “claimant first furnished and delivered the said goods and merchandise and materials on December 13, 1910, and last furnished and delivered said goods and materials and merchandise on October 28, 1911, and continuously from time to time between said dates.”- Burrows v. Carson, 244 Pa. 6, followed.</p>