Donatucci v. Utterback

MONTGOMERY, Judge:

Defendants have appealed from an order denying their petition to strike or open a default judgment entered against them in an action of assumpsit based on a contract they had entered into with plaintiff to construct a building for them.

PETITION TO STRIKE

The only reason alleged in the petition to strike is that of lis pendens, i. e. that at the time the assumpsit action was filed there was pending in the same court a mechanics lien claim between the same parties based on the same contract.1 The lower court acted properly in denying this petition. We recognized in Hoffman…