Derr Lumber Co. v. Johnson

Citations

• 75 Pa. Super. 605
• 1921 Pa. Super. LEXIS 75

Syllabus

<p>Mechanics’ liens — Service of notice — Evidence—Proof—Written evidence — Copy of written instrument — Affidavit of defense.</p> <p>Where a paper is an important factor in a case, and the defendant attempts to set up his interpretation of it as a defense to the action or draws therefrom alleged facts as a defense, he must attach a copy of the paper to his affidavit.</p> <p>When an affidavit of defense to a scire facias sur mechanic’s lien admits that notice of the intention to file a lien was given, but denies the sufficiency of the notice, the affidavit is insufficient if it fails to set forth a copy of the notice.</p>