Loeb v. Allen
Superior Court of Pennsylvania
Appeal, No. 237, Oct. T., 1905, by defendant, from order of C. P. No. 2, Phila. Co., June T., 1905, No. 1,825, discharging rule to open judgment in case of Joseph H. Loeb and Harry Lipper, trading as Loeb, Lipper & Company, v. William H. Allen. Assumpsit on a promissory note.
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Appeal, No. 237, Oct. T., 1905, by defendant, from order of C. P. No. 2, Phila. Co., June T., 1905, No. 1,825, discharging rule to open judgment in case of Joseph H. Loeb and Harry Lipper, trading as Loeb, Lipper & Company, v. William H. Allen. Assumpsit on a promissory note. From the record it appeared that a summons issued June 21, 1905, returnable Monday, June 26, 1905. The sheriff’s return to the writ is as follows : “ Served William H. Allen, the within-named defendant, by handing June 23, 1905, a true and attested copy of the within writ to an adult member of said defendant’s family, at…
1Opinion of the Court
Pee Ctjeiam,
In Commonwealth v. Bangs, 22 Pa. Superior Ct. 403, copy of the statement was served on defendant on May 7, the date the writ issued, the writ was served on May 19, and judgment for want of an affidavit of defense was entered on May 28. It was held that this was irregular, because the defendant was not bound to take notice of the action until the writ was served. In Gorman v. Hibernian B. & L. Assn., 154 Pa. 133, where the statement was filed with the praecipe for the writ, and copy thereof served on October 1, but the summons was not served until'the, following day, it was held…
2Cases cited3 opinions
- Gorman v. Hibernian Building & Loan Ass'nSupreme Court of Pennsylvania · 1893
- Commonwealth v. BangsSuperior Court of Pennsylvania · 1903
- Treasurer of Division No. 168, A. A. of S. R. E. of A. v. KellerSuperior Court of Pennsylvania · 1903
3Cited by4 opinions
- Murta v. ReillySupreme Court of Pennsylvania · 1922
- Smith v. BergdollSuperior Court of Pennsylvania · 1931
- Drury v. ZingarelliSuperior Court of Pennsylvania · 1962
- Smith v. Bergdoll, Pennsylvania Court of Common Pleas, Philadelphia County1931