Legal Opinion

May v. Mora

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 30PublishedCited by 12 opinions

Appeal, No. 30, March T., 1912, by defendant, from order of C. P. Lackawanna Co., No. 3,991, of Mechanics’ Liens, 1909, refusing amendment of mechanic’s lien in case of Patrick F. May, Assigned to Stephen S. Spruks, v. Mary Mora. Petition to amend mechanic’s lien.

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Appeal, No. 30, March T., 1912, by defendant, from order of C. P. Lackawanna Co., No. 3,991, of Mechanics’ Liens, 1909, refusing amendment of mechanic’s lien in case of Patrick F. May, Assigned to Stephen S. Spruks, v. Mary Mora. Petition to amend mechanic’s lien. On November 13, 1909, the claimant “Patrick F. May, the contractor, of the City of Scranton, County of Lack’a, State of Pa.” filed his claim, or statement of demand, for “Work done and materials furnished in and about the erection and construction of a two-story brick building and against the building and the ground covered thereby…

1Opinion of the Court

Opinion by

Head, J.,

The fifty-first section of the act of 1901 in the following language conferred upon the present claimant the right to amend his lien and defined the limitations within which that right must be exercised: “Any claim .... may be amended from time to time .... by leave of the court, upon petition for that purpose, under oath. Such amendment shall be of right, saving intervening rights; except that no amendment of the claim shall be allowed, after the time for its filing has expired, which undertakes to substitute an entirely different property from that orignally described in…

2Cases cited5 opinions

  1. Thirsk v. EvansSupreme Court of Pennsylvania · 1905
  2. McClintock v. RushSupreme Court of Pennsylvania · 1870
  3. Nagle v. GarriguesSuperior Court of Pennsylvania · 1911
  4. Cribbs v. McDowellSuperior Court of Pennsylvania · 1911
  5. Kennedy v. House & HortonSupreme Court of Pennsylvania · 1861

3Cited by12 opinions

  1. Marchak v. McClureSuperior Court of Pennsylvania · 1954
  2. Toll-Barkan Co. v. TOLLSuperior Court of Pennsylvania · 1960
  3. Tiegel v. LoveSuperior Court of Pennsylvania · 1915
  4. H. G. Vogel Co. v. Grape Products Co.Superior Court of Pennsylvania · 1914
  5. Albert v. Gurelnick Et Ux.Superior Court of Pennsylvania · 1948

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