Bird v. Sleppy
Supreme Court of Pennsylvania
Appeal, No. 291, Jan. T., 1919, by defendant, B. W. Sleppy, Jr., from order of C. P. Northumberland Co., No. 439, Equity Docket, discharging rule to set aside the service of bill in equity in the case of Christiana C. Bird v. Edward W. Sleppy and B. W. Sleppy, Jr. Rule to vacate order authorizing extraterritorial service of bill in equity, and to set aside such service. Before Cummings, P. J. The court discharged the rule. B. W. Sleppy, Jr., appealed.
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Appeal, No. 291, Jan. T., 1919, by defendant, B. W. Sleppy, Jr., from order of C. P. Northumberland Co., No. 439, Equity Docket, discharging rule to set aside the service of bill in equity in the case of Christiana C. Bird v. Edward W. Sleppy and B. W. Sleppy, Jr. Rule to vacate order authorizing extraterritorial service of bill in equity, and to set aside such service. Before Cummings, P. J. The court discharged the rule. B. W. Sleppy, Jr., appealed. Error assigned was discharging rule to set aside service.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
The plaintiff filed a bill against the defendants to cancel a lease on the ground of fraud. Edward W. Sleppy, a resident within Northumberland County, had been served as a principal defendant, and B. W. Sleppy, Jr., was served under the Act of 1859. A rule was granted to vacate the latter service for the reason that Edward was not a principal defendant within the county where the writ issued. This rule was discharged and an order made conformable to the prayer of the bill; hence this appeal.
By Section 1 of the Act of April 6, 1859, P. L. 387, extraterritorial…
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