Hatfield v. Swiler
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. On the 15th January, 1857, Samuel Hatfield, the plaintiff, caused a summons in assumpsit to be issued against M. A. Swiler, the defendant, and which summons was made returnable on the first day of the succeeding term, being the 19th day of January. It was served personally on the defendant before the return day.
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Error to the Common Pleas of Dauphin county. On the 15th January, 1857, Samuel Hatfield, the plaintiff, caused a summons in assumpsit to be issued against M. A. Swiler, the defendant, and which summons was made returnable on the first day of the succeeding term, being the 19th day of January. It was served personally on the defendant before the return day. The defendant caused an appearance de bene esse to be entered by attorney, who, on the 25th January, 1857, moved to set aside the summons and the service. The court below (Pearson, P. J.), after argument, quashed the writ. The plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
There is nothing in the Act of 13th June, 1836, which is inconsistent with the law in existence previous to its passage, that there should be at least ten days between the day on which a summons is issued and the day upon which it is made returnable. The thirty-first section is rather confirmatory of the old rule, than repugnant to it; for it creates additional return days to be used where there are not ten days between the issuing of the summons and the first day of the term. Had the intention been to change the rule, and allow a summons to…
2Cited by3 opinions
- Nawocki v. Skaziak Et Ux.Superior Court of Pennsylvania · 1925
- Griffin v. Dath, Pennsylvania Court of Common Pleas, Delaware County1931
- Michaels v. Binder, Pennsylvania Court of Common Pleas, Cambria County1924