Real Silk Hosiery Mills, Inc. v. Philadelphia Knitting Mills Co.

The opinion of Judge Dickinson in the District Court is as follows:

Under the practice formerly followed in Pennsylvania, the only remedy of a defendant upon whom a return of service of a writ had been made was through an action against the sheriff for a false return. The defendant was not permitted to deny the facts upon which the return of service was made. Of late years, however, the courts, in relief of the officer whose duty it was to serve the writ, have through progressive steps reached a stage in which the facts upon which the service rests may be found by the court.

The facts averred…