Kountz v. Consolidated Ice Co.

Citations

• 36 Pa. Super. 639
• 1908 Pa. Super. LEXIS 221

Syllabus

<p>Mechanic’s lien — Scire facias — Judgment—Statute of limitations— Act of June 16, 1832, P. L. 695 — Delay in securing judgment.</p> <p>The time that is necessarily required to prosecute an appeal from a judgment on a verdict erroneously directed against the plaintiff in a scire facias upon a mechanic’s lien, is not to be excluded in computing and applying the five years’ limitation provided for in the 24th section of the Act of June 16,1836, P. L. 695.</p> <p>The right to a mechanic’s lien is a pure creature of the statute, and one who claims that right must take it upon the conditions, whether strict or liberal, upon which the legislature saw fit to grant it.</p> <p>In fixing the period within which the lien must be revived, it is to .be presumed that the legislature took into consideration the delays incident to the prosecution of suits at law, and amongst them the delay incident to an appeal for the correction of error by the trial court.</p> <p>Howes v. Dolan, 9 Pa. Superior Ct., distinguished.</p>