Wilcox v. Payne
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1878, No. 156. Ejectment by John S. Wilcox against Morris Payne and Harriet Payne, his wife.
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1878, No. 156. Ejectment by John S. Wilcox against Morris Payne and Harriet Payne, his wife. In this case the defendants appeared by attorney, and the plaintiff having entered a rule to arbitrate, the respective counsel of the parties chose arbitrators and appointed a time and place for meeting, upon the certificate of which was endorsed the following: “ Served a true copy of this rule on Allen & Kosenweig, defendants’ attorneys; also, on Benson & Brainerd, plaintiff’s attorneys, by handing S. M. Brainerd a true…
1Opinion of the Court
. Mr.. Justice Trunkey
delivered the opinion of the court, October 28th 1878.
The provision in section 16th of the Act of 1836, Pamph. L. 715; directing service of the prescribed copy “ on the opposite party, if he reside within the city or county, and if not, upon his agent or attorney,” was .so plain that it needed no construction. Equally clear is the Act of March 23d 1877, Pamph. L. 28, which enacts that the said copy “ shall be served upon the opposite party, his agent or attorney; but .if said party have n.o agent or attorney, then it shall be iawful to serve said certified copy upon the…
2Cited by1 opinion
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