Coleman Dining Car Co. v. Walsh

Eagen, J.,

This is a motion to strike off a judgment entered in an assumpsit action for failure to file an affidavit of defense. Defendants allege that a copy of the statement of claim was never served upon either of them or upon anyone on their behalf and the affidavit of service is inadequate and untrue. The return of service is as follows:

“Stephen Metrinko being duly sworn according to law, deposes and says that he personally served Mr. Walsh at Walsh’s Diner on the Moosic Road, Moosic, Pa., on the 10th day of October, 1941, by personally handing to him a true and attested copy of the…