Murta v. Reilly

Opinion by

Mr. Justice Simpson,

Defendant appeals from the refusal of the court below to strike off a judgment, which he alleges was wrongfully entered against him for want of an affidavit of defense. The relevant dates to be considered are as follows:

On August 22, 1921, a writ of summons assumpsit was issued, returnable September 5,1921; this was later returned nihil habet.

On September 9, 1921, plaintiff filed a statement of claim and ruled defendant to file his affidavit of defense.

On September 13,1921, copies thereof were served on defendant.

On October 6, 1921, an alias summons was issued…