Houseworth v. Weyant

Wright, P. J.,

— We are here passing upon a rule to show cause why a mechanics’ lien should not be stricken from the record. Petitioners assert that: (1) The claim was not filed within six months from the date the last materials were furnished; (2) while notice of the filing of the claim was served and an affidavit of such service was filed, a copy of the notice was not filed. We also have before us a rule to amend the sheriff’s return by attaching thereto a copy of the notice. We will discuss these two contentions in reverse order.

1. Section 21 of the Mechanics’ Lien Act of June 4, 1901, P.…