32 Pa. Super. 137 | Pa. Super. Ct. | 1906
In Commonwealth v. Bangs, 22 Pa. Superior Ct. 403, copy of the statement was served on defendant on May 7, the date the writ issued, the writ was served on May 19, and judgment for want of an affidavit of defense was entered on May 28. It was held that this was irregular, because the defendant was not bound to take notice of the action until the writ was served. In Gorman v. Hibernian B. & L. Assn., 154 Pa. 133, where the statement was filed with the praecipe for the writ, and copy thereof served on October 1, but the summons was not served until'the, following day, it was held that judgment was regularly entered for want of an affidavit of defense on November 29, notwithstanding the fact that the copy of the statement was served a day before service of the writ. These two cases are not in conflict, for, it will be observed, in the latter case, the statutory fifteen days period intervened after jurisdiction of the defendant had attached by service of the writ, while in the former case it had not. The case at bar is not distinguishable from Gorman v. Hibernian B. & L. Assn, except in this, that the paper purporting to be a copy of the statement, we quote from the defendant’s petition, “ did not contain thereon the number of any court, or the number of any case whatsoever
The order is affirmed, and the appeal dismissed at the costs of appellant.