Gibbs v. Alberti
Supreme Court of Pennsylvania
Certiorari to the administrators of Michael Hillegas, esq. deceased, late one of the aldermen of the city of Philadelphia. Diminution of the record was alledged in September term 1805. It appeared by the record returned, that a summons issued against the defendant, dated 28th July 1804, to appear before alderman Hillegas, to answer the plaintiffs in a plea of debt not exceeding $100, to which the constable returned, “Summons “ served.
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Certiorari to the administrators of Michael Hillegas, esq. deceased, late one of the aldermen of the city of Philadelphia. Diminution of the record was alledged in September term 1805. It appeared by the record returned, that a summons issued against the defendant, dated 28th July 1804, to appear before alderman Hillegas, to answer the plaintiffs in a plea of debt not exceeding $100, to which the constable returned, “Summons “ served. Left at the house of defendant with a servant. 30th “July.” Judgment was given by default, on the 2d August 1804, and being a freeholder, he afterwards obtained…
1Opinion of the CourtTilghman, C. J.
I will not presume any thing against the proceedings, or that the summons was served irregularly, in order to set aside the judgment. The words “30th July,” may possibly refer to the day of the return. The defendant comes before the court in a most unfavourable point of view, to obtain relief, after having already obtained a stay of execution for nine months. If the summons had not been regularly served, he might have appeared notwithstanding, and objected to the service, *- <7 el *‘which the. alderman would have allowed ; and the plaint-3751 ]ffs wouid then have proceeded against him by new…
2Cited by5 opinions
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- Ranck v. BeckerSupreme Court of Pennsylvania · 1825
- Commonwealth v. Johns, Pennsylvania Court of Common Pleas, Lawrence County1948
- Jones v. RaiguelSupreme Court of Pennsylvania · 1881
- Sprowls v. Ealy, Pennsylvania Court of Common Pleas, Washington County1935