Moss & Blakeley Plumbing Co. v. Schauer

Rhodes, J.,

Opinion by

The trial of this -scire facias sur mechanic’s lien resulted in a verdict for plaintiff. Prior to the issuance of the writ of scire facias defendants moved to strike off the claim, asserting that plaintiff had not set forth the' name of the contractor. Subsequently a stipulation was entered into, and the rule granted on defendants’ motion was discharged. Plaintiff thereupon issued a writ of scire facias,’ defendants filed an affidavit of defense, and plaintiff replied with a replication. Defendants’ motions for judgment n.o.v. and a new trial were dismissed, and from the…