Shamburg v. Noble
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 4. On the 24th of July 1874, a summons in assumpsit was issued, viz.: Orange Noble against A. A. Bailey, George Gilmore, C. E. Lufkin and G. Shamburg.
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 4. On the 24th of July 1874, a summons in assumpsit was issued, viz.: Orange Noble against A. A. Bailey, George Gilmore, C. E. Lufkin and G. Shamburg. The sheriff returned that he had served the writ on Lufkin personally; on Gilmore by leaving a copy at his residence; “on G. Shamburg by leaving with the clerk of the Mansion House in Titusville, his abode, a true and attested copy of the within writ,” and “Nihil” as to Bailey. On the 14th of August 1874, Shamburg obtained a rule to show cause why the…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
The court below had a perfect right, even after a writ of error brought, to allow the sheriff to amend his return of service: Berryhill v. Wells, 5 Binn. 60; Spackman v. Byers, 6 S. & R. 385; Paul v. Harden, 9 S. & R. 23; Wampler v. Shissler, 1 W. & S. 370. The record in this case had not been removed and was still with the court below. The amended return is in strict conformity with the Act of Assembly. No doubt, upon the defendant’s affidavit that he had not received the writ and was ignorant of the suit, and showing that he had a good defence, the…
3Cases cited2 opinions
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Wampler v. ShisslerSupreme Court of Pennsylvania · 1841
4Cited by4 opinions
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