Wilver v. Keim

Hargest, P. J.,

This case arises upon exceptions to the judgment of an alderman. The summons was issued June 11, 1925, and made *57returnable June 16, 1925. It is claimed that the alderman had no jurisdiction because the summons was made returnable too soon. This involves the interpretation of section 2 of the Act of March 20, 1810, 5 Sm. Laws, 161, Penna. Stat., § 13,086, which provides that a summons issued by a justice of the peace shall command the defendant to appear “on a certain day therein to be expressed, not more than eight nor less than five days after the date of the summons.”…