Griffin v. Davis
Superior Court of Pennsylvania
Appeal, No. 2, Jan. T., 1898, by plaintiff, from order of C. P. Lackawanna Co., Sept. T., 1896, No. 901, quashing writ of ca. sa. Buie to quash writ of ea. sa. Before Guhster, J. The transcript disclosed: “Summons in assumpsit issued. September 20, 1895. Returned September 24, 1895. Served on defendant by producing to him the original summons and informing him of the contents thereof. October 8,1895, plaintiff appeared and the defendant did not appear.
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Appeal, No. 2, Jan. T., 1898, by plaintiff, from order of C. P. Lackawanna Co., Sept. T., 1896, No. 901, quashing writ of ca. sa. Buie to quash writ of ea. sa. Before Guhster, J. The transcript disclosed: “Summons in assumpsit issued. September 20, 1895. Returned September 24, 1895. Served on defendant by producing to him the original summons and informing him of the contents thereof. October 8,1895, plaintiff appeared and the defendant did not appear. Plaintiff sworn and testified that alderman Horan gave the execution to the defendant, B. Davis, constable, and that he refused to serve it…
1Opinion of the Court
Per Curiam,
When the rule to quash the ca. sa. came up for disposition all that the court had before it from which to determine the nature of the judgment was the transcript from the doeket of the justice of the peace. This showed a judgment in air action apparently begun by a summons in assumpsit, and failed to show with any degree of certainty that the proceeding was intended to enforce a statutory liability in the mode prescribed in the 12th section of the act of 1810. This being the condition of the record, the court properly held that there was no warrant of law for issuing a ca. sa. upon…
2Cases cited3 opinions
- Delaware & Hudson Canal Co. v. LoftusSupreme Court of Pennsylvania · 1873
- Foss v. BoganSupreme Court of Pennsylvania · 1880
- Driesbach v. MorrisSupreme Court of Pennsylvania · 1880