Schellentrager v. O'Donnell

Citations

• 44 Pa. Super. 43
• 1910 Pa. Super. LEXIS 121

Syllabus

<p>Mechanics’ liens — Discharge of lien by bond — Practice, C. P. — Waiver of formalities — Scire facias — Act of June 4, 1901, P. L. Jfil.</p> <p>Where the owner of a building files a bond to discharge a mechanic’s lien against his property as provided by the Act of June 4, 1901, P. L. 431, and the lien creditor instead of proceeding in the manner provided in see. 25 of the act issues a scire facias, and the defendant files an affidavit to the merits and a plea, and also an amended affidavit to the merits, and the case is tried upon the merits, the defendant will be presumed to have waived all irregularities and technicalities, and will not be permitted, after a verdict against him to object to the form of the proceedings; nor under the circumstances will he be permitted to avail himself of the five year limit contained in the mechanic’s lien law relating to the time of trial; nor will he be permitted, after having released his property from the mechanic’s lien by means of the act of June 4, 1901, to raise for the first time in the appellate court any question as to the constitutionality of the act.</p>