Eastman Kodak Co. v. Osenider

Opinion by

Rhodes, J.,

On May 2, 1927, plaintiff, a nonresident corporation, caused a summons in assumpsit to issue against defendant, and at the same time its statement of claim was filed. The summons and statement of claim were duly served on defendant personally the following day. On May 16, 1927, counsel entered appearance for defendant and obtained a rule on plaintiff to file security for costs within thirty days. The rule provided that “in default of so doing, judgment of nonsuit” would be entered against the plaintiff and in favor of the defendant. Service of the rule was made on…