McFadden v. Pennzoil Company

Opinion by

Mr. Justice Drew,

Counsel for plaintiff in this case, without filing a statement of claim, issued on July 19, 1933, a writ of summons in trespass for personal injuries, returnable on the first Monday of August, 1933. The writ was served on defendant on July 21, 1933, and eight days later it entered an appearance. . Nothing further was done on either side until October 2, 1935, when defendant’s attorneys, without notice to plaintiff or his counsel, filed with the prothonotary a praecipe for the entry of judgment of non pros, for failure to file a statement of claim within thirty days…