Adelburg v. Stryjewski

This is an appeal from an order striking out an enrolled or final judgments

The appellant, plaintiff below, filed on June 22, 1951, a declaration under the common counts and a special count for eggs sold and delivered to the appellee, defendant below. Accompanying the declaration was a Motion for Summary Judgment, notice to the defendant to make a defense within the time allowed by law or rule of court, Affidavit in Support of Motion for Summary Judgment with vouchers attached, and affidavit of NonMilitary Service. The docket entries show that the appellee was returned summoned by the sheriff.…