SAMANGO et al. v. HOBBS, et al.


167 Pa.Super. 399 (1950)

Samango et al., Appellants, v. Hobbs, et al.

Superior Court of Pennsylvania.

July 20, 1950.


Attorney(s) appearing for the Case

Louis Wagner, with him Stephen J. McEwen, for appellants.

George H. Class, with him Lindenmuth & Class and Sacks & Piwosky, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH and ARNOLD, JJ. (ROSS, J., absent).


OPINION BY DITHRICH, J., July 20, 1950:

The mechanic's lien in this case is fatally defective for the reason that notice of the filing of the claim was not served upon the owner; and the judgment entered thereon is invalid for the further reason that the required affidavit was not filed with the præcipe for the writ.

Section 21 of the Act of June 4, 1901, P.L. 431, as amended by section 1 of the Act of April 5, 1917, P.L. 42, 49 PS § 131, provides...

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