149 A. 600 | Pa. | 1930
Argued January 27, 1930. Appellant states two questions involved as follows: (1) Should a mechanic's lien be dismissed, where plaintiff (claimant) files his claim as trading under a fictitious name, and is, admittedly, a nonresident of Pennsylvania, who failed to register or pay a fine as required by the Act of June 29, 1923, P. L. 979, amending the Act of June 28, 1917, P. L. 645, and who had no personal dealings with defendants, the owners of the real estate against which the lien is claimed? (2) Can this question be raised preliminarily under the Act of March 5, 1925, P. L. 23?
The court below, answering both questions in the negative, discharged a rule to dismiss plaintiff's claim, and defendants have appealed.
In Lackawanna Co. v. James,
Again, in Skelton v. Lower Merion Twp.,
The order appealed from is affirmed.