Schwartz Bros. v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 11, Oct. T., 1920, by defendant, from judgment of O. P. Blair County, Jan. T., 1919, No. 128, affirming judgment of a justice of the peace in the case of Leopold Schwartz and Nathan Schwartz, trading as Schwartz Bros., y. Adams Express Company. Certiorari to review judgment of the justice of the peace. Before Baldrige, P. J. The facts are stated in the opinion of the Superior • Court. The court affirmed the judgment. Defendant appealed.
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Appeal, No. 11, Oct. T., 1920, by defendant, from judgment of O. P. Blair County, Jan. T., 1919, No. 128, affirming judgment of a justice of the peace in the case of Leopold Schwartz and Nathan Schwartz, trading as Schwartz Bros., y. Adams Express Company. Certiorari to review judgment of the justice of the peace. Before Baldrige, P. J. The facts are stated in the opinion of the Superior • Court. The court affirmed the judgment. Defendant appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The record discloses that a summons was issued at the instance of the plaintiff’s agent against the defendant on November 25, 1918, by an alderman in the City of Altoona. On November 26, 1918, the constable made the return that he had handed a true and attested copy of the summons to W. H. Spare, agent of the Adams Express Company. On November 30,1918, the return day, the defendants not appearing, a judgment was entered against the defendant for the sum of $265.42. On January 24, 1919, an execution was issued, but pursuant to an agreement between the attorney for the…
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