Farmers & Merchants National v. Mountain Smokeless Coal Co.

Opinion by

Hendebson, J.,

The defendant, a Pennsylvania corporation engaged in the mining and sale of coal in Somerset County and having its office in Beaver County, gave its obligation to the plaintiff for $1,960 for money borrowed. The pending action was brought to recover the amount due on the note. One defense was that the service of the writ was not effective and should have been set aside. The first assignment is based on the refusal of the court to sustain the defendant’s motion to that effect. The application to strike off shows the reason given was “that the above return is illegal and…