Megargee v. City of Philadelphia

Alessandroni, J.,

— A trespass action was brought against the City of Philadelphia and the statement of claim filed on December 4, 1931. On January 27, 1932, the city issued a sci. fa. to bring Boericke and Tafel, Inc., upon the record as additional defendant. The latter then filed its petition for a rule to strike the sci. fa. from the record on the ground that it was not filed within fifteen days after service of the copy of the statement of claim as required by Rule 226 (d). The city filed an answer to the petition, setting forth that Rule 226 (d) was unjust and unreasonable because an…