Prettyman v. Irwin
Supreme Court of Pennsylvania
Appeal, No. 270, Jan. T., 1922, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1918, No. 3252, for defendant on pleadings, in case of Edward Prettyman v. Alexander D. Irwin, Jr. Affidavit of defense raising question of law. Before Barratt, P. J. The opinion of the Supreme Court states the facts. Judgment for defendant on pleadings. See 30 Pa. Hist. R. 480. Plaintiff appealed. Error assigned was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff’s wife died as the result of injuries alleged to have been caused by the negligence of defendant. Within the limitation of one year prescribed by section 2 of the Act of April 26, 1855, P. L. 309, a summons in trespass was issued and returned nihil habet; no appearance was entered and no- further writ was issued until over two years later, when an alias summons was issued and duly served. The affidavit of defense alleged the action was barred because of the delay; the court below assumed that, under section 20 of the Procedure Act of May 14, 1915, P. L.…
2Cases cited19 opinions
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Waring v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Barclay v. BarclaySupreme Court of Pennsylvania · 1903
- Hutchinson Baking Co. v. MarvelSupreme Court of Pennsylvania · 1921
- Bovaird & Seyfang Manufacturing Co. v. FergusonSupreme Court of Pennsylvania · 1906
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Rosenzweig v. HellerSupreme Court of Pennsylvania · 1930
- Zarlinsky v. LaudenslagerSupreme Court of Pennsylvania · 1961
- Guy v. Stoecklein Baking Co.Superior Court of Pennsylvania · 1938
- Potter Title & Trust Co. v. FrankSupreme Court of Pennsylvania · 1929
- Ulakovic v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1940
36 more not listed; retrieve them via the Exa API.