Bernhand v. Ennis

Rice, J.,

delivering the opinion of the Court:

The justice’s transcript affirmatively states that the service of the constable was verified by the oath of the constable in writing, but the signature of the affiant and the name of the person before whom the oath was taken do not appear in the copy of the oath printed on the back of the summons and filed with the transcript.

In view óf the affirmative statement in the record that the affidavit was made, the first exception can be disposed of and overruled upon the authority of Brown v. Butterworth, 5 Penn. 151, 58 A. 1041, and Slivka v. Mroczka, 3…