Bolard v. Mason

Citations

• 66 Pa. 138

Syllabus

<p>1. An appearance d. b. e. is conditional, if the writ be returned “ served if so returned it is a full appearance unless there be a retraxit before return.</p> <p>2. Appearance d. b. e. is to save being defaulted on an irregular or informal process.</p> <p>3. Where such objections do not exist, the plaintiff may demand a plea and enforce judgment for want of it, or in ejectment, enter a plea and proceed to trial.</p> <p>4. In ejectment an appearance was entered d. b. e., the attorney refused to enter a general appearance alleging the service to be irregular’, the court held the service good, 'and defaulted the defendant for want of an appearance. Held to be error.</p> <p>5. Judgment by default in ejectment cannot be entered without an affidavit of the sheriff, setting forth the manner of service under Act of April 13th 1807, § 2.</p> <p>6. A return in the name of the deputy sheriff is improper.</p> <p>7. Such return is insufficient to bring defendants into court so as to authorize a judgment by default.</p> <p>8. Such return may be amended by the sheriff if in office.</p> <p>9. Whether a defendant in ejectment can be defaulted after the second term, for want of appearance, not decided.</p>