Hoyt v. Carson
Superior Court of Pennsylvania
Appeal, No. 248, October T., 1914,: by defendants, from order of O. P. Clearfield Co., September T., 1912, No. 212, refusing to strike off judgment in case of E. A. Hoyt v. D. J. Carson and John Carson, trading as D. J. Carson & Son. Rule to strike off judgment. Before Smith, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 248, October T., 1914,: by defendants, from order of O. P. Clearfield Co., September T., 1912, No. 212, refusing to strike off judgment in case of E. A. Hoyt v. D. J. Carson and John Carson, trading as D. J. Carson & Son. Rule to strike off judgment. Before Smith, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were the following orders: “Now March 31st, 1913, the rule to show cause why-judgment in the above stated case should not be stricken off is hereby discharged at the costs of the defendants.. By the court, Allison O. Smith, P. J., “Now March…
1Opinion of the Court
Opinion by
Rice, P. J.,
On June 28, 1912, plaintiff’s statement was filed and writ of replevin issued. The substance of the sheriff’s return as amended was, that he did not find the property in the possession of the defendants or either of them, and that he served the writ and copy of plaintiff’s statement on each defendant, naming him, by handing true and attested copies of the writ and statement to an adult member of his family at his dwelling house. An ap*174pearance was entered for the defendants, and in November, 1912, plaintiff by his counsel moved for judgment for the property described in…
2Cases cited3 opinions
- Bower v. TallmanSupreme Court of Pennsylvania · 1843
- Miller v. JacksonSuperior Court of Pennsylvania · 1909
- Baldwin v. CashSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Phoenix Mut. Life Ins. Co. of Hartford v. ReichDistrict Court, W.D. Pennsylvania · 1948
- D. S. & H. Craig, Inc. v. Young, Pennsylvania Court of Common Pleas, Northampton County1934
- Olivier v. Mt. Union Tanning & Extract Co.District Court, M.D. Pennsylvania · 1918