Summary
In Day & Zimmerman, the issue was trained on whether a claimant could cure the failure to file the affidavit of service within the period designated for such filing in the Mechanics’ Lien Law.
Summary of this case from Terra Firma Builders, LLC v. KingOpinion
Argued November 19, 1958.
January 12, 1959.
Mechanics' liens — Perfecting lien — Statutory requirements — Affidavit of acceptance of notice of lien — Failure to file — Effect — Acts of June 4, 1901, P.L. 431 and April 5, 1917, P. L. 42.
Where notice of the filing of a mechanic's lien is served on the owner's attorney who formally accepts such notice, the failure of the plaintiff to file an affidavit of acceptance of notice of claim (as required by the Mechanics' Lien Act of June 4, 1901, P.L. 431, § 21, as amended by the Act of April 5, 1917, P.L. 42), requires the lien to be stricken off.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.
Appeal, No. 281, Jan. T., 1958, from order of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1957, No. 156, M. L. D. in case of Day and Zimmermann, Incorporated v. Blocked Iron Corporation of America. Order affirmed.
Same case in court below: 15 Pa. D. C.2d 251.
Proceedings to strike mechanic's lien.
Order entered striking lien, opinion by WATERS, J. Plaintiff appealed.
Lewis H. VanDusen, Jr., with him Robert S. Ryan, and Drinker, Biddle Reath, for appellant.
H. Francis DeLone, with him W. Thomas Berriman, and Barnes, Dechert, Price, Myers Rhoads, for appellee.
The order of the lower court striking off plaintiff's lien is affirmed on the opinion of Judge WATERS which is reported in 15 Pa. D. C.2d 251.