St. Clair v. Drumm

Fortney, P. J.,

— On April 11, 1949, plaintiff, a subcontractor, filed his mechanic’s lien against defendants, husband and wife, as owners or reputed owners, alleging the sum of $1,562, with interest, was due him for labor and material furnished *71in the erection and construction of a certain concrete block and frame building. The scire facias issued on July 22,1949, and was made returnable the first Monday of September 1949 (September 5th). Counsel for defendants accepted service of the writ the same day.

On September 19,1949, defendants filed: (1) A motion to quash the writ; (2) plea in…