Eastburn v. Turnoff

Opinion by

Mr. Justice Musmanno,

Should service of civil process be set aside on evidence that the service was made as the result of a ruse practised on the defendant? That is the question involved in this case.

Some time during 1951, Sol S. Turnoff, a resident of Philadelphia, who had received several threatening letters, employed M. H. Eastburn, a private detective, to do some investigative and protective work for him. Later on a dispute arose between them as to the period of timé these services were rendered. This was followed by a claim by Eastburn that he had not been fully compensated.…