123 Pa. 431 | Pa. | 1889
OPINION,
the justice in this case shows that it was an action of trespass against two nonresident defendants who lived in this commonwealth, but out of the county of Allegheny where the action was brought. The transcript also shows that the summons was issued on June 12th, returnable on June 18,1885. The act of July 12, 1842, § 26, P. L. 345, provides as follows: “ Whenever by the provisions of the 24th section of this act no capias can issue and the defendant shall reside out of the county, he shall be proceeded against by summons or attachment, returnable not less than two nor more than four days from the date thereof, which shall be served at least two days before the time of appearance mentioned therein.” The language of the section is peremptory, commanding that the defendant shall be proceeded against bjr summons returnable not less than two, nor more than four days from its date. There were six days intervening between the issue and the return of the writ in this case, and the act.
Judgment judgment in the court below is made absolute.