Dillman v. Markle

Sheely, P. J.,

In this case we are asked to strike off plaintiff’s statement of claim for the reason that it was prematurely sworn to and prematurely filed. The statement of claim was sworn to on January 19, 1937, and was filed in the office of the prothonotary on January 25,1937. The prsecipe for a summons was filed and the summons issued on January 26, 1937. The summons and the statement of claim were served together on defendant on January 29, 1937.

The fact that the statement of claim was sworn to before the action was instituted is immaterial and requires no discussion. This is a common…