Hartzell v. McGrath

Opinion by

Scott, J.,

OPINION:

The summons from the Magistrate called upon the defendant to answer a “plea of debt.” An affidavit of claim was filed under the Act of 1879, which contained three items, two of which were for separate demands under contract; the third was as follows, viz: “for repairing driveway through plaintiff’s land, which the said defendant, in the construction of a trolley road from Nazareth to Bangor, took possession of and injured, $20.” The defendant did not reply, nor appear at the return-day. Judgment was not entered for this default, but testimony was taken for the…