Second National Bank v. Gardner
Supreme Court of Pennsylvania
Appeal, No. 463, Jan T., 1895, by defendant, from orders of C. P. Blair Co., Jan. T., 1895, No. 23, refusing to set aside service of summons, and entering judgment for want of a sufficient affidavit of defense. Assumpsit by a bank to recover moneys alleged to have been fraudulently appropriated by the defendant, the cashier of the bank.
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Appeal, No. 463, Jan T., 1895, by defendant, from orders of C. P. Blair Co., Jan. T., 1895, No. 23, refusing to set aside service of summons, and entering judgment for want of a sufficient affidavit of defense. Assumpsit by a bank to recover moneys alleged to have been fraudulently appropriated by the defendant, the cashier of the bank. From the record it appeared that the sheriff’s return of service of summons was as follows : “ Served by leaving a copy thereof at the dwelling house of defendant with wife of the defendant, Mrs. Julia O. Gardner, an adult member of the defendant’s family, and…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The sheriff’s return was in the form prescribed by the statute, and therefore by its terms showed a good service. But if it were traversable it was good on the facts so far as they appear. The defendant had gone away leaving his family in his residence, and there was no evidence of his intention to acquire a new domicile, certainty none that he had acquired one. The only negation of intention to return is by an inference from the circumstances, drawn by his wife, who expressly admits that she had no information from him on the subject.
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2Cases cited1 opinion
- Wall v. DoveySupreme Court of Pennsylvania · 1869
3Cited by10 opinions
- Rosa v. CantrellCourt of Appeals for the Tenth Circuit · 1982
- Robinson v. RobinsonSupreme Court of Pennsylvania · 1949
- Northwestern & Pacific Hypotheek Bank v. RidpathWashington Supreme Court · 1902
- Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
- Ross v. LebermanSupreme Court of Pennsylvania · 1929
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