53 Pa. Super. 488 | Pa. Super. Ct. | 1913
Opinion by
The plaintiff filed a mechanic’s lien for materials and
The specifications of error which present questions as to the form of the writ of scire facias and the general right to enter a judgment in default of an affidavit of defense in proceedings upon a mechanic’s lien have been considered by this court in the case of Atlantic Terra Cotta Co. v. Carson, recently decided and not yet reported, and it is not necessary that we add to what was said in the opinion in that case. The second and third specifications of error are, therefore, dismissed.
The first specification of error refers to the refusal of the court to strike from the claim the charge for labor. Section 11 of the act of June 4, 1901, as amended by the Act of April 17, 1905, P. L. 172, requires that the claim shall set forth: “The amount or sum claimed to be due, and the nature or kind of the work done, or the kind and amount of materials furnished, or both; and the time when the materials were furnished or the work done, or both as the case may be.” This is virtually a ré-enactment
The judgment is reversed and the record remitted with a procedendo.