Lapidus v. Wellenbach

DiGGiNS, J.,

This is a rule to show cause why mechanic’s lien should not be stricken from the record.

Petitioners rest their case on the allegation that the lien claim was filed on December 12, 1955, and service thereof made by the sheriff of Delaware County on defendants on December 13, 1955, and that the lien is defective because plaintiff asserts no affidavit of the fact and manner of service of mechanic’s lien was made and filed of record within the statutory time for filing such affidavit, which is one month after service.

There is no dispute as to the facts. The record shows that the…