Dick v. Forshey
Superior Court of Pennsylvania
Appeal, No. 153, October T.j 1918, by plaintiff, from decree of O. P. Huntingdon Co., Feb. T., 1918, No. 28, striking "off judgment in case of Nancy Dick v. James L. Forsbey. Rule to strike off judgment. Before Bailey, P. J. The opinion of the Superior Court states the case. The court made absolute the rule to strike off judgment. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
The Act of May 14,1915, P. L. 483, prescribes the procedure to be observed in actions of assumpsit. The first section declares, “The procedure shall be as herein provided.” Section ten provides that the statement of claim shall be endorsed as follows: “To the within defendant: You are required to file an affidavit of defense to this statement of claim within fifteen days from the service hereof.” The notice given to the defendant was not endorsed on the statement but was attached thereto by a rivet or metallic fastener and was in the following form: “You are hereby…
2Cited by9 opinions
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- Davis v. Gregg, Pennsylvania Court of Common Pleas, Lancaster County1925
- Diehl v. Stewartstown Railroad, Pennsylvania Court of Common Pleas, York County1925
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