Bertolacci v. Union Paving Co.

MacNeille, J.,

We are considering defendant’s petition and rule for judgment of non pros. A summons in trespass issued August 23, 1928, which was returned nihil habet. Although this summons had not been served, a statement of claim was filed, and, on November 5,1928, the defendant took a rule to strike off the statement of claim. This rule was made absolute December 10,1928, and thereafter, on December 16, 1930, an alias summons in trespass was issued.

We are now asked to make absolute the defendant’s rule for judgment of non pros, on the ground of the running of the statute of limitation.

The…