Berman v. Herrick

Opinion by

Mr. Justice Cohen,

This is an appeal from an order of the lower court overruling appellants’ motion in a mechanic’s lien action brought by appellee, to amend their affidavit of defense to include the defenses of res judicata and collateral estoppel. The action was commencéd January 24, 1961 with the filing of a mechanic’s claim under the now repealed Mechanics’ Lien Law of June 4, 1901, P.L. 431. On August 24, 1962 the Sci. Pa. Sur Mechanic’s Lien Claim was filed. Pursuant to §10 of the Act of 1901, a claimant was allowed five years after filing the scire facias to obtain judgment.…