Lilly v. Jaggard

Citations

• 48 Pa. Super. 439
• 1912 Pa. Super. LEXIS 387

Syllabus

<p>Mechanic’s lien — Affidavit of service of notice — Act of June 4, 1901, P. L. Ifil — Judgment—Affidavit of defense.</p> <p>An appeal from an order making absolute a rule for judgment for want of a sufficient affidavit of defense on a scire facias sur mechanic’s lien, will be affirmed, where it appears that the defense was that no affidavit of service had been filed within one month after the filing of the lien as required by the Act of June 4, 1901, P. L. 431, but the record shows that the court had made an order permitting such an affidavit to be filed nunc pro tunc, had subsequently refused to vacate such order and quash the scire facias, that no error had been assigned to such action of the court, and that thé petitions and answers on which such orders had been made were not printed in the appellant’s paper-book.</p>