Shultz v. Keystone Fireworks Manufacturing Co.

Opinion by

Ervin, J.,

The judgment of the court below should be affirmed on the excellent opinion of President Judge Carr, which is as follows: “This is a motion for judgment on the pleadings. The action is assumpsit on a judgment in personam of a sister state, and the question involved is whether, though the defendant was not properly served and did not appear before the judgment was entered, a subsequent appearance by counsel for the purpose of moving the court to vacate the judgment constituted a waiver of the want of jurisdiction.

“The complaint sets forth that on October 29, 1954, the…