228 Pa. 194 | Pa. | 1910
Opinion by
This is an action in trespass against a partnership consisting of two members. Judgment for want of an appearance was entered under the rules of court. On a rule to show cause why the judgment should not be stricken off the learned court below held that the summons had not been properly served and the rule was made
Judgment for want of an appearance in the present case is only conclusive of the right to recover. The actual damages, if any, must be ascertained and assessed in a proper proceeding when the record is remitted to the court below.
Order making the rule absolute is reversed, judgment reinstated and record remitted for the purpose of having the damages ascertained and assessed.