Allesio v. Blesh

Citations

• 148 Pa. 365
• 26 A. 1073
• 1892 Pa. LEXIS 987

Syllabus

<p>Wages of manual labor — Act of April 20, 1876.</p> <p>In a case in which it appeared that under an agreement in writing for cutting wood, plaintiffs had performed the service contracted for in part themselves, and in part by the assistance of others, and a claim filed by them for §153.25 had been sustained by a justice of the peace, and defendants had become bail upon a recognizance on appeal under the act of April 20, 1876, P. L. 43, an affidavit of defence, setting up that such a claim was not within the provisions of the said act, was held insufficient.</p> <p>Practice — Sci.fa. sur recognizance — Monthly return day in Clinton county — Act of Feb. 17,1871.</p> <p>An affidavit of defence was held insufficient which alleged that under the act of Feb. 17, 1871, P. L. 60, establishing a monthly return day for Clinton county, a writ of scire facias sur recognizance, not being a “ writ for the commencement of an action,” could not be made returnable to a monthly return day.</p>