Merritt v. Poli

Citations

• 231 Pa. 611
• 80 A. 1116
• 1911 Pa. LEXIS 894

Syllabus

<p>Mechanics’ liens — Subcontractor—Notice of intention to file lien — Service on architect outside of county — Act of June 4,1901, P. L. 431 — Person in possession of building.</p> <p>1. Service by a subcontractor of notice of an intention to file a mechanic’s lien upon the architect of the owner outside of the county where the building is situate is not a sufficient service to meet the requirements of sec. 8 of the Act of June 4,1901, P. L. 431.</p> <p>2. On the trial of a scire facias sur mechanic’s lien by a subcontractor where the plaintiff claims that he served notice of intention to file a lien upon the person in possession of the building, all the evidence tending to show the service of the notice, upon whom the service was made, and as to whether the party served was in possession, should be received. Evidence of this character must of necessity be introduced step by step; and it is error to exclude offers bearing on the question as a whole on the theory that it is necessary to first establish the fact that the party served was in actual possession before proof of service and other incidental matters can be admitted in evidence.</p>