Manufacturers Finance Co. v. Pope-Marmon Co.

Koch, P. J.,

—

The writ in this case was issued on Feb. 24, 1928, and was made returnable Monday, March 5, 1928. Defendant’s motion is based upon the proposition that it was made returnable at too early a date. Sections 30 and 31 of the Act of June 13, 1836, P. L. 578, says: “Every writ used for the commencement of an action shall bear date of the day of the issuing thereof, and shall be made returnable on the first day of the term next succeeding the time at which it shall be issued: Provided, that in the case of a writ of summons, if there shall not be ten days between the issuing thereof and…