Kessler v. Mandel Et Ux.

Opinion by

Baldrige, P. J.,

In this appeal we are confronted with this question: May a creditor, who obtained a judgment lien subsequent to the time work was begun on a building, attack the validity of a mechanic’s lien claim because the work was begun without a permit required by a city ordinance? Our answer is in the negative.

A mechanic’s lien claim was filed by the appellant on December 9,1939, asserting a lien from August 11, 1939, when the work was commenced. A scire facias was issued and judgment obtained on June 25, 1940, for want of an affidavit of defense. Almost 3y2 years later, on…