Shamokin Lumber & Construction Co. v. Line Mountain Coal Co.

Opinion by

Linn, J.,

The question is whether the sheriff’s return is sufficient. After the writ was returned, plaintiff filed a statement endorsed with a rule to file an affidavit of defense as required by the Practice Act, and, no affidavit being filed, took judgment for want of an appearance and an affidavit of defense, assessed damages, and issued a fi. fa. on which the sheriff levied.

To contest the service, defendant then filed a petition, inter alia, setting forth that the service of the writ and the statement were illegal, and praying that execution be stayed, the service set aside and…