Girard Trust Co. v. Owen

The opinion of the court was delivered by

Mason, J.:

The Girard Trust Company, trustee, obtained judgment against Thomas Owen upon a note and mortgage, and he appeals.

A preliminary question is presented by a motion to dismiss on the ground that the case-made was not served in time. The judgment was rendered December 8, 1908, and the time then allowed for serving a case expired April 7, 1909. A written acknowledgment of service recited that it was made April 8, and affidavits have been filed here stating such to be the fact. On the other hand, the defendant presents affidavits that service was…