Legal Opinion

Lytle v. M'Cune

Superior Court of Pennsylvania

Decided July 10, 1902No. Appeal, No. 80PublishedCited by 4 opinions

Appeal, No. 80, April T., 1902, by defendant, from order of C. P. No. 3, Allegheny Co., Aug. T., 1900, No. 312, discharging rule to set aside summons in case of H. M. Lytle v. Adley C. M’Cune. Trespass to recover damages for slander. The facts appear by the opinion of the Superior Court. Error assigned was order refusing rule to set aside summons.

1Opinion of the Court

Opinion by

Rice, P. J.,

The assignments of error relate exclusively to the refusal of the court to set aside the service of summons, which, as shown' by the return, was regular and valid, but which, as claimed by the defendant, was obtained by inducing him by false representations to come within the jurisdiction of the court so that process might be served upon him. It appears by the record that after the first rule to show cause why the service should not be set aside was discharged, the plaintiff filed his statement and entered a rule upon the defendant to plead, and that his attorney…

2Cases cited8 opinions

  1. Coleman's AppealSupreme Court of Pennsylvania · 1874
  2. Borough v. RoehmeSupreme Court of Pennsylvania · 1900
  3. Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
  4. Holland v. WhiteSupreme Court of Pennsylvania · 1888
  5. Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.Supreme Court of Pennsylvania · 1922
  2. Susquehanna County Auditors' ReportSuperior Court of Pennsylvania · 1936
  3. King v. GrannisSuperior Court of Pennsylvania · 1905
  4. Stefanick v. Dawson, Pennsylvania Court of Common Pleas, Mercer County1954

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