Shoemaker v. Zerby

Bauer, J.,

This matter is before the court en banc on a demurrer to a scire facias sur mechanic’s lien.

The claim is by a subcontractor and the notice of intention to file a mechanic’s lien was served on defendants on March 16,1954, at 2 p.m. The mechanic’s lien was filed on April 15, 1954, at 1:30 p.m. The .affidavit of service of the notice of the filing of the claim was filed on September 6, 1955, and shows that such notice was served on defendants on May 26,1954.

“ The right to file a mechanic’s lien ... is of statutory origin. ... If a party desires to avail himself of it, he must comply…