Legal Opinion

Fillman's Appeal

Supreme Court of Pennsylvania

Decided January 16, 1882PublishedCited by 5 opinions

Certiorari to the Court of Common Pleas No. 3, of Philadelphia oovmiy: Of January Term 1882, No. 20. Appeal by Elizabeth Eillman from an order of said court, setting aside the service of a subpeena in divorce. Elizabeth Fillman, a resident of Philadelphia, by her next friend John F. Maclde, filed a libel in divorce, a. v. m., against her husband Jacob Fillman, who resided in Montgomery county.

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Certiorari to the Court of Common Pleas No. 3, of Philadelphia oovmiy: Of January Term 1882, No. 20. Appeal by Elizabeth Eillman from an order of said court, setting aside the service of a subpeena in divorce. Elizabeth Fillman, a resident of Philadelphia, by her next friend John F. Maclde, filed a libel in divorce, a. v. m., against her husband Jacob Fillman, who resided in Montgomery county. A subpoena in divorce issued and was served on the respondent by the sheriff of Montgomery ounty, who indorsed the following return and affidavit: “ Served Jacob Fillman, the within named respondent, by…

1Opinion of the Court

Mr. Justice Páxson

delivered the opinion of the court, January 16th 1882.

The service of the subpoena in this case appears to have been in strict conformity to the Act of Assembly. The libellant was domiciled in the county of Philadelphia and the proceeding for divorce was commenced there. The respondent resided in Montgomery county, and the subpoena was served by the sheriff of that county, who made the following return: “ Served Jacob Fillman, the within named respondent, by giving him April 30th 1881, a true and attested copy of the within writ, and making known unto him the contents…

2Cases cited2 opinions

  1. Kleckner v. County of LehighSupreme Court of Pennsylvania · 1841
  2. Bujac v. MorganSupreme Court of Pennsylvania · 1801

3Cited by5 opinions

  1. Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
  2. Timney v. TimneySuperior Court of Pennsylvania · 1902
  3. Bloom v. Bloom, Pennsylvania Court of Common Pleas, Luzerne County1928
  4. Gill v. Gill, Pennsylvania Court of Common Pleas, Dauphin County1924
  5. Lancaster Trust Co. v. Bertz, Pennsylvania Court of Common Pleas, Lancaster County1928

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