Henderson v. Oshirak

Kreisher, P. J.,

On December 1, 1944, plaintiff in the above ■ captioned action filed a praecipe for an issuance of a summons in assumpsit, returnable to the third Monday of December, and at the same time filed plaintiff’s statement of claim. On the same date the clerk of the courts issued the summons, and on December 5th the sheriff served defendant with the summons in assumpsit, together with plaintiff’s statement of claim. Sometime thereafter, defendant took plaintiff’s statement of claim to his attorney and paid him a retainer fee of $50 to defend the action. On December 20th, counsel for…