Ingrava v. Suman
Superior Court of Pennsylvania
Appeal, No. 119, April T., 1921, by defendant, from judgment of C. P. Westmoreland County, May T., 1917, No. 748, discharging rule to strike off judgment in the case of Frances Ingrava v. W. J. Suman. Rule to show cause why judgment by default should not be stricken off. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error assigned was the order of the court.
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Appeal, No. 119, April T., 1921, by defendant, from judgment of C. P. Westmoreland County, May T., 1917, No. 748, discharging rule to strike off judgment in the case of Frances Ingrava v. W. J. Suman. Rule to show cause why judgment by default should not be stricken off. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error assigned was the order of the court. A writ made returnable otherwise than according to the statutory requirement is a nullity: Hotchkiss v. Insurance Co., 18 District Reports 289; Williamson v. McCormick, 126…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff brought an action of trespass against the defendant alleging a wrongful levy on her personal prop*345erty by the defendant while acting as a constable, and having in his hands an execution against another person. The writ was issued May 2,1917, and was made returnable on the third Monday of the same month. The next return day after the writ was issued was the second Monday of May, 1917, the first day of the next term and the 14th day of the month. Service was made by handing a copy of the writ and statement of claim to. an adult member of the defendant’s…
2Cases cited2 opinions
- Parks v. WattsSupreme Court of Pennsylvania · 1886
- Williamson v. McCormickSupreme Court of Pennsylvania · 1889