Nagle v. Garrigues
Superior Court of Pennsylvania
Appeal, No. 184, Oct. T., 1910, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1908, No. 311, M. L. D., making absolute rule to amend lien and making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louis A. Nagle, trading as Louis A. Nagle & Company, v. Annie M. Garrigues, owner, and Martin L. Herman, contractor. Rule to amend mechanic’s lien, and rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 184, Oct. T., 1910, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1908, No. 311, M. L. D., making absolute rule to amend lien and making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louis A. Nagle, trading as Louis A. Nagle & Company, v. Annie M. Garrigues, owner, and Martin L. Herman, contractor. Rule to amend mechanic’s lien, and rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Errors assigned were orders making absolute rule to amend lien and making…
1Opinion of the Court
Opinion by
Head, J.,
The fifty-first section of the Act of June 4, 1901, P. L. 431, 453, gives to a mechanic’s lien claimant the right to amend “the claim, scire facias or other paper filed of record” upon leave of the court first had and obtained. If the application to amend be made after the time allowed by law for filing a lien has expired, this right is so limited that the claimant may not by the proposed amendment “substitute an entirely different property from that originally described in the claim. But the description of the property may be amended so as to be more accurate.”
It appears…
2Cited by8 opinions
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- May v. MoraSuperior Court of Pennsylvania · 1912
- H. G. Vogel Co. v. Grape Products Co.Superior Court of Pennsylvania · 1914
- Kelly-Ashby Electric Co. v. Claypool, Pennsylvania Court of Common Pleas, Armstrong County1959
- Gerhart v. Christ, Pennsylvania Court of Common Pleas, Lancaster County1927
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