Miller v. Fitz

Citations

• 41 Pa. Super. 582
• 1910 Pa. Super. LEXIS 270

Syllabus

<p>Appeals — Interlocutory order — Mechanic’s lien — Discharging rule to strike off.</p> <p>1. An order discharging a rule to strike off a mechanic’s lien is an interlocutory order from which no appeal can be taken until after final judgment in the case. After final judgment the order may be reviewed.</p> <p>Mechanic’s lien — Notice to owner — Act of June 4, 1901, P. L. 431.</p> <p>2. Where a subcontractor files a mechanic’s lien against a building, naming a husband as the owner, when in fact the wife of the man named was the real and recorded owner, and subsequently the lien is amended so as to name the wife as owner, but without any service upon her of the notice and sworn statement required by the Act of June 4, 1901, P. L. 431, and it appears that the wife did nothing which indicated any ratification of any act of her husband, the lien cannot be sustained, and if a sci. fa. issues thereon, and the wife accepts service thereof, she may, notwithstanding the acceptance of service, have the lien struck off, or if the case goes to trial, have a nonsuit entered in her favor.</p>