Warshaw v. De Mayo

Pee Oueiait.

This is a mechanics’ lien claim action. The claim was filed July 23d, 1928, and the summons and complaint issued the same day. The last material, for which the claim was filed, was furnished March 23d, 1928.

A motion was made to strike out the summons and complaint upon the ground that the date of furnishing the last material as shown by the statement attached to the complaint was March 20th, 1928, thus placing the action out of time. Upon the hearing upon this motion, it clearly appearing, that this date in the statement was erroneous the court permitted the plaintiff to amend and…