Usner v. Duersmith

Opinion by

Mr. Justice Linn,

On May 13, 1942, a summons in trespass naming “Harry A. Usner, Parent of Galen S. Usner,” as plaintiff issued out of the Court of Common Pleas of Lancaster County and, as the defendant admits, “. . . was duly served by the Sheriff of Lancaster County upon . . .” him. No statement of claim has been filed. Defendant filed a petition under the Act of March 5, 1925, P. L. 23, 12 PS section 672, asking to have the summons “. . . stricken off, set aside and quashed, all proceedings to be stayed,” on the ground that the court was without jurisdiction. He averred that the…