Rosenberg v. Silver

Opinion by

Mr. Justice Musmanno,

On February 25, 1947, a summons in assumpsit issued in this case from the Court of Common Pleas No. 6, Philadelphia County, and 2 days later it was in the hands of the defendant Charles Silver. No Complaint haying been served, the defendant on March 11, 1947, ruled the plaintiffs, Harry Z. Rosenberg and Anna F. Rosenberg, trading as H. Z. Rosenberg & Co., for a Complaint or suffer judgment of non pros. On September 29, 1951, four years and nine months after the plaintiffs initiated their action, the defendant died; and the case against him had still not…