Smith v. Bergdoll

Opinion by

Cunningham, J.,

This is an appeal by the defendant from an order of the court below discharging his rule to strike off certain judgments entered therein. The alleged cause of action was negligence upon the part of defendant which caused personal injuries to Maxwell Smith, the minor son of Walter R. Smith.

They began their consolidated actions in trespass on January 31, 1929, and on the same day filed their statement of claim with the prothonotary. On February 7, 1929, the sheriff returned that he had served appellant the previous day by handing copies of the writ and of the statement…