Commonwealth v. Catawissa, Williamsport, & Erie Railroad

By the Court.

The attorney-general, on behalf of the commonwealth, on July 7th, 1862, moved the court for judgment for want of a sufficient affidavit of defence.

On January 13th, 1863, Mr. Alricks, as counsel for defendant, moved to set aside the service of the summons on the affidavit filed. We will consider the last motion first. The summons to commence this action issued on the — day of-, 1862, and was returned by the sheriff of Lycoming county, as follows: “ April 2d, 1862. Served personally on H. S. Goodwin, superintendent of the Catawissa, Williamsport, and Erie Railroad Company, by…