Smith v. Ellwood City Ice Co.

Per Curiam,

This is an appeal by plaintiffs from a judgment of non pros, entered against them in an action to recover damages for injuries received in an automobile accident, July 8, 1929. At the time of commencement of the action on June 19, 1931, by inadvertence plaintiff’s coun sel filed a praecipe directing that a summons in assumpsit issue against defendant. The summons was issued and served and defendant entered a general appearance on July 8,1931. No further proceedings were had in the case until June 8, 1932, when defendant moved for judgment of non pros. Plaintiffs’ counsel then…