Stamper v. Kogelschatz

Opinion by

Mr. Justice Simpson,

Appearing specially for the purpose, defendant filed an affidavit of defense raising a question of law as to whether or not the summons in the case, which had been issued by one of the courts of Common Pleas of Philadelphia County, had been properly served in Montgomery County, by its sheriff, upon special deputizalion by the sheriff of the former county. The court below overruled defendant’s contention, and gave him fifteen- days to file an affidavit of defense on the merits. Without doing this, he prosecuted the present appeal.

The judgment thus entered is…