Allegheny County v. Virgin

Brown, J.,

This matter is before the court en banc on the petitions of W. H. Virgin and John F. Gloeekner for a rule to show cause why the judgment entered at the above number and term should not be stricken.

The pertinent facts of the instant case are as follows: This action in assumpsit was begun by a summons filed in the prothonotary’s office with a statement of claim, on August 25, 1931. The original statement on file does not contain a notice to plead as provided for by the Practice Act of May 14, 1915, P. L. 483, sec. 10, 12 PS §392. The sheriff’s return showed serv*41ice on both defendants,…