Legal Opinion

Bowell v. Gould

Supreme Court of Pennsylvania

Decided November 11, 1889No. 157PublishedCited by 1 opinion

APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 157 October Term 1889, Sup. Ct.; court below, No. 236 January Term 1883, C. P. No. 1. On November 9, 1882, the defendants entered an appeal from the judgment of a justice of the peace for $298, in favor of the plaintiff in an action by J. M. Bowell against Joseph W. Gould and Joseph Short, partners as the Machine Sawmill Co. The transcript filed showed a return of service of the writ by a…

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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 157 October Term 1889, Sup. Ct.; court below, No. 236 January Term 1883, C. P. No. 1. On November 9, 1882, the defendants entered an appeal from the judgment of a justice of the peace for $298, in favor of the plaintiff in an action by J. M. Bowell against Joseph W. Gould and Joseph Short, partners as the Machine Sawmill Co. The transcript filed showed a return of service of the writ by a constable as follows: “ Served a true copy of original summons on Joseph Short, one of the defendants, personally, he also…

1Opinion of the Court

Pee Cueiam:

This case was brought into the court below by an appeal from the judgment of a justice of the peace. The defendants now assign for error that the court refused to set aside all proceedings as to defendant Joseph W. Gould, and to strike his name from the record. The principal ground of this objection appears to be that Gould was not served with the summons in the pro*437eeeding before tbe justice. An inspection of tbe transcript of tbe latter shows the following return by the constable: “ Served a true'copy of original summons on Joseph Short, one of the defendants, personally, he also…

2Cited by1 opinion

  1. Commonwealth v. StawaszLuzerne County Court of Quarter Sessions · 1926

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