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Home > Art, Film & Photography > The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30 (Volume 20 ); 1892-1921
The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30 (Volume 20 ); 1892-1921

The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30 (Volume 20 ); 1892-1921


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911. Excerpt: ... Rosenblum & Co. v. Cohen. ings and procedure shall be the same as in like causes commenced in court...." And section 16 (page 39) declares that "the plaintiff shall in all cases, except for want of an appearance, where there has been a service of the writ, serve a copy of the statement of his claim on the defendant or defendants as writs of summons are served by the sheriff or some other person, the manner of service to be shown by the return of the sheriff or affidavit filed, or upon defendant's attorney of record, at least fifteen days before moving the court for judgment by default." That the court has power to make such rules is no longer open to question. See Standard Underground Cable Co. v. Johnstown Telephone Co., 26 Pa. Superior Ct. 432; City of Wilkes-Barre v. Felts, 134 Pa. 529. It was decided in Peacock v. Keystone Mutual Life and Health Insurance Co., 1 Pearson, 132, that "when an appearance was entered on the same day that judgment by default was taken, the judgment is void and will be set aside." It was also determined in Barndollar v. Fogarty, 203 Pa. 617, that "where a claimant in foreign attachment does not file his bond and statement within two weeks after issue has been awarded as required by the Act of May 26, 1897, P. L. 95, but subsequently files his bond and statement before the plaintiff in the attachment has either asked for an order directing the sheriff to proceed with his writ or that judgment of non pros, be entered in the issue, the court cannot thereafter enter a non pros, against the claimant," for, as was said by Mr. Justice Brown, who delivered the opinion of the court, "if the plaintiff does not act when he may, after the expiration of two weeks during the period of the claimant's inactivity, there is nothing in the act...


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Product Details
  • ISBN-13: 9781235669026
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 750
  • Spine Width: 38 mm
  • Width: 189 mm
  • ISBN-10: 1235669025
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1315 gr


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The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30 (Volume 20 ); 1892-1921
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