William E. Rossi Construction Co. v. Bylawckas

MacNeille, P. J.,

We have before us for disposition objections raised by demurrer to a scire facias sur mechanic’s lien. Plaintiff, a subcontractor, filed his lien against certain real estate belonging to defendants. A writ of scire facias was issued and service was accepted on behalf of defendants.

Preliminarily we will consider plaintiffs contention that the demurrer is an improper pleading.

*45In Ridpath & Potter Co. v. Edwards, 4 Chester 146 (1949), the court expressed doubt that since the passage of the Act of May 22, 1933, P. L. 845, 49 PS §§162-170, a demurrer is a proper pleading in an…