20 Pa. Super. 594 | Pa. Super. Ct. | 1902
Opinion by
The assignments of error relate exclusively to the refusal of the court to set aside the service of summons, which, as shown' by the return, was regular and valid, but which, as claimed by the defendant, was obtained by inducing him by false representations to come within the jurisdiction of the court so that process might be served upon him. It appears by the record that after the first rule to show cause why the service should not be set aside was discharged, the plaintiff filed his statement and entered a rule upon the defendant to plead, and that his attorney accepted service of notice of this rule. Subsequently
Moreover there is grave doubt whether the refusal to set aside the service of a summons upon an allegation of facts outside the record is assignable for error. The principles which control in case of foreign attachment would seem to apply. See Nicoll v. McCaffrey, 1 Pa. Superior Ct. 187, and cases there cited, especially the opinion of Mr. Justice Williams in Holland v. White, 120 Pa. 228 ; also Bellah v. Poole, 202 Pa. 71.
The assignments of error are overruled and the judgment is affirmed.