Keystone Telephone Co. v. Diggs
Superior Court of Pennsylvania
Appeal, No. 254, Oct. T., 1917, by defendant, from order of Municipal Court, Philadelphia Co., March T., 1917, No. 436, refusing to strike off return of service of writ in case of Keystone Telephone Co. v. Maggie F. Diggs. Petition to strike off service of summons. The return of the service showed a service on an adult member of defendant’s family.
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Appeal, No. 254, Oct. T., 1917, by defendant, from order of Municipal Court, Philadelphia Co., March T., 1917, No. 436, refusing to strike off return of service of writ in case of Keystone Telephone Co. v. Maggie F. Diggs. Petition to strike off service of summons. The return of the service showed a service on an adult member of defendant’s family. The petition to strike off averred inter alia, as follows : On the 30th day of March, 1917, a paper, now known to have been the writ of summons, was handed to Miss Rose Cutler, who was on that day visiting' your petitioner at her place of…
1Opinion of the Court
Opinion by
Kephart, J.,
The sheriff made the following return: “Served Maggie F. Diggs, the within defendant, by handing, March 30, 1917, a true and attested copy of the within writ together with a copy of the plaintiff’s statement of claim to an adult member of said defendant’s family at 3216 Chestnut street in the County of Philadelphia, State of Pennsylvania, the dwelling house of said defendant.” The rule granted on the petition to set aside the return of service was discharged. This action is assigned as error. Before the sheriff’s return was challenged, the defendant petitioned the court…
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