Land Title & Trust Co. v. Rambo
Supreme Court of Pennsylvania
Appeal, No. 105, Jan. T., 1896, by defendant, from order of C. P. Chester Co., Aug. T., 1895, No. 45, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage.
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Appeal, No. 105, Jan. T., 1896, by defendant, from order of C. P. Chester Co., Aug. T., 1895, No. 45, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage. Before Hemphill, J. The defendant filed an affidavit of defense which was as follows : Henry J. Crump, the defendant above named, being duly affirmed, says that in the above entitled action a writ of sci. fa. on mortgage was served on him whilst returning from the annual encampment of the National Guard of Pennsylvania, in uniform of the National Guard and in command of Company D,…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Henry J. Crump, the assignor of appellant, was the mortgagor of a tract of land in Chester county; Crump is a resident of Philadelphia, and is an officer in the National Guard of Pennsylvania. While in uniform, and as captain in command of his company, on return from the annual encampment, the sheriff of Chester county served upon him a writ of sci. fa. issued in the common pleas of Chester county on his mortgage. Defendant moved to set aside the writ on the ground that he is exempt from service while performing duty at, going to, or returning from the encampment.…
2Cases cited1 opinion
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