Jeannette v. Roehme
Superior Court of Pennsylvania
Appeal, No. 180, April T., 1898, by defendant, from order of C. P. Westmoreland Co., May T., 1893, No. 726, discharging rule to open judgment. Rice, P. J., dissents. Rule to open judgment, and let defendant into a defense.
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Appeal, No. 180, April T., 1898, by defendant, from order of C. P. Westmoreland Co., May T., 1893, No. 726, discharging rule to open judgment. Rice, P. J., dissents. Rule to open judgment, and let defendant into a defense. Before McConnell, J. It appears from the record that the plaintiff issued a scire facias sur municipal lien for sidewalk paving to which the sheriff made the following return: “ Made known, April 18, 1893, to the within named defendant, by posting a true and attested copy of the within writ on the within described premises, there being no building on said premises and no…
1Opinion of the Court
Opinion bt
Smith, J.,
The principal question of law argued in this case relates to the sufficiency of the service of the writ of scire facias. The decision, however, must turn on the effect of the defendant’s action since the service, rather than on the manner in which service was made.
An appearance to the action, on the part of the defendant, is a waiver of service of the writ. Hence, if the defendant has thus appeared in this case, the question of service becomes immaterial. Such an appearance may be entered on a praecipe for that purpose, or, it may be indicated on the record -by the name of…
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