Spinelli v. Costello
Supreme Court of Pennsylvania
Appeals, Nos. 434 and 435, Jan. T., 1921, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1920, No. 1297, by default for failure to serve copy of affidavit of defense, in case of Carmine Spinelli and Maria Anna Spinelli, his wife, v. Unity A. Costello, Administratrix c. t. a. of Thomas J. Costello, deceased, and Unity A. Costello, surviving spouse and-sole devisee under will of Thomas J. Costello, deceased. Assumpsit for money had and received.
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Appeals, Nos. 434 and 435, Jan. T., 1921, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1920, No. 1297, by default for failure to serve copy of affidavit of defense, in case of Carmine Spinelli and Maria Anna Spinelli, his wife, v. Unity A. Costello, Administratrix c. t. a. of Thomas J. Costello, deceased, and Unity A. Costello, surviving spouse and-sole devisee under will of Thomas J. Costello, deceased. Assumpsit for money had and received. The opinion of the Supreme Court states the case. The court entered judgment for plaintiff by default for failure to serve copy of…
1Opinion of the Court
Per Curiam,
Plaintiffs sued to recover $2,400 alleged to be due them by defendant as administratrix c. t. a., and as surviving spouse and sole devisee, under the will of Thomas J. Costello, deceased.
Defendant filed an affidavit of defense; but plaintiffs asked for judgment in their favor because of the failure to serve a copy of the affidavit on them, or their counsel, as required by a rule of the court below; judgment was entered as prayed for, and this appeal followed.
The rule in question provides: “A copy of the affidavit of defense shall be served on the plaintiff or his attorney within…
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- Kelvinator Sales Co. v. Har, Pennsylvania Court of Common Pleas, Berks County1930
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