Jackson v. Wilson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Huntingdon county. Thomas Jackson and James Entriken, assignees of Jonathan Leslie, against Andrew P. Wilson and Joseph Jones.
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ERROR to the Common Pleas of Huntingdon county. Thomas Jackson and James Entriken, assignees of Jonathan Leslie, against Andrew P. Wilson and Joseph Jones. This was an action of covenant, in which the defendants entered a rule of reference, the proof of the'service of which was that “he served the within rule to refer personally on Isaac Fisher, Esq., attorney for plaintiff, the 20th September 1842, by leaving an official copy of the same at Lewistown, at his office, in presence of F. C. Mecklin and T. Franks.” The arbitrators were chosen in the absence of the plaintiff and they met and made…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The 12th section of the Act of the 16th June 1836, directs, “ that the manner of service of a rule of reference shall be by giving a copy of the rule to the party personally, his agent or attorney; or if the party cannot be found, and have no agent or attorney, by leaving such copy at his last place of abode.” A personal service, therefore, is indispensable in all cases except where the party cannot be found, and where he has no agent or attorney. But where, as here, he can be found, and has an attorney, leaving a copy will not answer the…
2Cited by1 opinion
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