Bierly v. Hamor

Citations

• 50 Pa. Super. 124
• 1912 Pa. Super. LEXIS 17

Syllabus

<p>Judgment — Entry of judgment upon warrant twenty years old — Rule of court — Rule on maker of note — Service of rule.</p> <p>1. A rule of court which, provides that if a warrant of attorney to confess judgment be above twenty years old “there must be a rule to show cause and that must be served upon the party if he is to be found within the State,” is a valid rule.</p> <p>2. Where a rule to show cause is taken on a judgment note more than twenty years old, and the party taking it, instead of serving it himself, gives it to the sheriff for service, and the sheriff returns that the defendant cannot be found in the county and that therefore the rule is returned non est inventus, the court will not make a further order directing the sheriff to make further inquiry and examination as to the residence or nonresidence of the defendant in Pennsylvania; nor will the court permit judgment to be entered on a petition that the deponent has no knowledge that the defendant is a resident of Pennsylvania and thinks that he is not and that he is “living in the west as deponent was informed.”</p>