162 Pa. 199 | Pa. | 1894
Opinion by
The learned counsel for the appellee concedes, with entire frankness, that the question as to the legal sufficiency of the plaintiff’s claim in this case, is a new question which has never been decided by this court. It can also be said that it is a doubtful question, and that its solution, at least in some of its aspects, depends upon facts which are challenged by the affidavit of defence. Thus the affidavit alleges that “ the lien is filed more than six months after the materials were furnished, and that some, if not all, of the before-mentioned houses, were completed more than six months prior to the filing of the aforesaid bill.” It is true the last date in the bill of particulars is Sept. 30, 1891, and the lien was filed March 28, 1892, but the
Judgment reversed and procedendo awarded.
See also the preceding ease.