Kane v. Travis

Opinion by

Arnold, J.,

In this action of assumpsit, the appellee was served by the sheriff with a copy of the complaint, and he filed no answer. Judgment was then entered against the appellee and a writ of vend. ex. was issued about one year after the entry of judgment. About a week prior to the return day of the writ the appellee obtained a rule to show cause why the judgment should not be opened. His petition for the rule alleged that he had not been served by the sheriff, and denied any indebtedness to the plaintiff-appellant. Upon such allegation of the appellee that he was not so…