Bennethum v. Bowers
Pennsylvania Court of Common Pleas, Berks County
No. 33 January Term 1890, Sup. Ct.; court below, No. 33 January Term 1889, C. P. On December 27, 1888, Henry Bennetluim brought ejectment against Levi Wesley Bowers, and the same day filed a declaration and entered a rule to have arbitrators chosen.
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No. 33 January Term 1890, Sup. Ct.; court below, No. 33 January Term 1889, C. P. On December 27, 1888, Henry Bennetluim brought ejectment against Levi Wesley Bowers, and the same day filed a declaration and entered a rule to have arbitrators chosen. To said writ the sheriff made a return of service as follows: Served the within writ of ejectment by giving a true and attested copy thereof to Levi Wesley Bowers, defendant, personally, and making known to him the contents thereof, on December 27,1888. Sworn and subscribed before me Cyrus Bollinger. this 3d day of J anuary, 1889. Served as above.…
1Opinion of the Court
*336Opinion,
Mb. Chief Justice Paxson :
We are of opinion that the learned judge below erred in setting aside the service of the writ. The return was as follows :
“ Served the within writ of ejectment by giving a true and attested copy thereof to Levi Wesley Bowers, defendant, personally, and making known to him the contents thereof, on December 27, 1888.
“ Cyrus Bollinger
“ Served as above.
“So answers
“ George B. Schaeeeeb, .
“ Sheriff.”
There was also an affidavit of service, presumably by Bollinger.
The objection of the court below was twofold:- (a) That the return does not show that Mr. Bollinger was…
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