Legal Opinion

Harbold v. Bailey

Pennsylvania Court of Common Pleas, York County

Decided February 17, 1902No. 105Published

Service of SummoNS — JurisdictioN—Certiorari—Act of March 20, 1810, 5 Sm. Laws, 162 — Act of April 3, 1851, Sec. 13. P. L. 325 — Act of May 10, 1878, P. L. 51 — Act of Feb. 14, 1889, P. L. 6. No. 105, August Term, 1900, C. P. of York Co.

1Opinion of the Court

Opinion by

BitteNGer, J.,

The transcript returned by the Justice, B. F. Koller, Esq., shows that the summons was issued to Isaac D. Koller, high constable, and was by him served on the defendant, Daniel Bailey. It is true the docket entry is that the summons was directed to Isaac D. Koller, constable, by whom it was returned, under oath, duly served, but the summons returned as a *98part of the record appears to have been issued to Isaac D. Kol-ler, high constable, and such fact is established by testimony taken and produced to the court.

The certiorari was not issued within the limit of twenty…

2Cases cited1 opinion

  1. M'Bride v. CommonwealthSupreme Court of Pennsylvania · 1834

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