DAY ZIMMERMANN, INC. v. BLOCKED I. CORP

Mechanics' liens — Perfecting lien — Statutory requirements — Affidavit of acceptance of notice of lien — Failure to file — Effect — Acts of June 4, 1901, P.L. 431 and April 5, 1917, P. L. 42.

Where notice of the filing of a mechanic's lien is served on the owner's attorney who formally accepts such notice, the failure of the plaintiff to file an affidavit of acceptance of notice of claim (as required by the Mechanics' Lien Act of June 4, 1901, P.L. 431, § 21, as amended by the Act of April 5, 1917, P.L. 42), requires the lien to be stricken off.

OPINION PER CURIAM, January 12, 1959:

The order of the lower court striking off plaintiff's lien is affirmed on the opinion of Judge WATERS which is reported in 15 Pa. D. C.2d 251.