Smith v. Bergdoll

Lewis, J.,

This matter came before the court on a rule to strike off a judgment for want of an appearance and to set aside the writ of inquiry, assessment of damages and writ of attachment sur judgment.

The facts are these: On January 31, 1929, plaintiff’s praecipe for summons in trespass and plaintiff’s statement of claim were filed simultaneously. The sheriff’s return shows that on February 6, 1929', he served the summons and a copy of the statement by “handing a true and attested copy of the within writ and a copy of the statement of claim to an adult member of defendant’s family at 52nd and…