Philadelphia v. Second Reformed Presbyterian Congregation

Citations

• 16 Pa. Super. 65
• 1901 Pa. Super. LEXIS 17

Syllabus

<p>Municipal lien — Amendment—Acts of April 21, 1858, P. L. 385, section 9, and March 29, 1867, P. L. 600.</p> <p>Under the act of April 21, 1858, sec. 9, a municipal lien may be amended after the time for filing the lien has expired.</p> <p>Where a writ of scire facias sur municipal lien has been duly served on a corporation as the registered owner, and the corporation has appeared and defended the action, raising no question as to its being the identical person mentioned in the claim and scire facias until long after it had filed an affidavit of defense, and pleaded the general issue, the lien may be amended after the time for filing the lien has expired by adding the correct technical name of the corporation. Such an amendment is not to be regarded as equivalent to substituting a new party after the time for filing the lien has expired, but as a correction of the mistake in the name of the person intended to be described in the lien as originally filed. It is error to strike off such an amended lien.</p>