First National Bank v. Cooke

Citations

• 3 Pa. Super. 278
• 1897 Pa. Super. LEXIS 11

Syllabus

<p>Practice, C. P. — Service of process — Acts of 1836 and 1887.</p> <p>The act of May 25, 1887, P. L. 271, does not in any way repeal or modify the provisions of the act of June 18, 1836, P. L. 568, relating to the beginning of personal actions and the mode therein provided for the service of summons.</p> <p>Practice, C. P. — Service of process and statement.</p> <p>Where a summons has issued and been returned nihil liabet such service</p> <p>is a nullity and the issuing of an alias returnable upon a different return day and a service thereof cannot relate back to the issuing of the original summons and the service of the statement, so as to give the latter any value or validity under the provisions of the act of 1887. The service of an alias summons does not bring the defendant within the jurisdiction of the court as of the date of the issuing of the original summons.</p>