
    BERGER VS. LONG AND STEWART.
    A non-suit in a sci. fa. sur mechanics’ lien does not destroy the lien.
    Error to Common Pleas of Allegheny County. No. 13 October and November Térm, 1874. Defendants in error having filed a mechanics’ lien against Berger ; issued a sci, fa. in which they were non-suited. A. second sci. fa. was issued and Berger claimed that the non-suit destroyed the mechanics’ lien and was a bar to the second sci. fa. The Court below entered judgment for Long and Stewart and this was assigned for error.
    
      S. A. McClung, Esq. for Berger argued
    that where there is a non-suit on a scire facias sur mechanics’. lien the claimant must-commence de novo, and file a new lien as was done in Bournonville vs. Goodall, 10 Barr 133.
   The Supreme Court affirmed the judgment of the Court below on Oct. 19, 1874, in the following opinion :

Per Curiam:

A non-suit taken upon a sci. fa. founded on a mechanics’ claim-clearly does not destroy the claim, or its lien. The sci. fa. is but process to enforce the claim, and there is no good reason why the mere failure to pursue it to judgment-should have a different effect than failure to prosecute has in other cases. It is a mere loss of the particular process but not a bar to new process. The claim filed being unaffected by the loss oithe first process, there is clearly no necessity to file a new claim. To hold this would olten defeat the lien by the expiration of the time of filing claim.

Judgment affirmed.  