Provident Mutual Life Insurance v. Brith Achim Building & Loan Ass'n

Bonniwell, J.,

This is an action in assumpsit commenced September 9, 1935. The summons was served on September 12,1935, and was returnable on October 7, 1935. On October 3, 1935, the statement of claim was filed. On October 31, 1935, judgment *2was entered by plaintiff for want of appearance. On November 14,1935, a copy of the statement of claim was served upon defendant’s attorney. The defendant then took this rule to strike off the judgment and statement of claim.

The Act of June 13, 1836, P. L. 568, sec. 33, under which the judgment for want of an appearance was entered, reads:

“If the…