Klinefelter v. Baum

Citations

• 172 Pa. 652
• 33 A. 582
• 1896 Pa. LEXIS 833

Syllabus

<p>Mechanic's lien — Pleading—Defects in claim — Question for jury.</p> <p>Where the pleas to a scire facias sur mechanic’s lien are non assumpsit, set-off, payment with leave etc., no issue can be raised for the jury on the formal deficiencies of the claim, as such deficiencies are questions of law, and should be raised by demurrer or by motion to strike off the claim.</p> <p>Pleading to a scire facias operates as a waiver of defects as to dates in the lien.</p>