Bovaird & Seyfang Manufacturing Co. v. Ferguson
Supreme Court of Pennsylvania
Appeal, No. 170, Oct. T., 1905, by-defendant, from order of C. P. No. 3, Allegheny Co., May T., 1898, No. 215, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Bovaird & Seyfang Manufacturing Company v. J. D. Ferguson. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 170, Oct. T., 1905, by-defendant, from order of C. P. No. 3, Allegheny Co., May T., 1898, No. 215, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Bovaird & Seyfang Manufacturing Company v. J. D. Ferguson. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The notes upon which this suit was brought matured in December, 1898, and January, 1894. The summons was issued March 14, 1898, and was returned n. e. i. On March 4, 1904, an alias summons was issued, to which there was the same return. On March 27, 1905, a pluries summons was issued, which was returned served. One of the contentions of the appellant is that, as this last summons was not issued and served within six years from the return day of the original process, the action is barred by the statute of limitations.
When the original summons was issued the statute…
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