Kelly v. International Clay Products Co.

Oinion by

Mr. Justice Simpson,

In the court below, defendant filed a petition praying that the service of the summons should be set aside; a rule to show cause was granted; plaintiff answered; defendant elected to have the matter disposed of upon petition and answer, without the taking of testimony; the rule was discharged and, as authorized by the Act of March 5, 1925, P. L. 23, defendant forthwith appealed from the order thus made. Under such circumstances, we are required to determine only the relevant issues raised by the petition and answer, and, in doing so, must accept as true the…