Holly v. Travis

Citations

• 71 Pa. Super. 527
• 1919 Pa. Super. LEXIS 147

Syllabus

<p>Practice, G. P. — Certiorari—Justice of the peace — Constable’s return.</p> <p>The return of a constable, although regular on its face,, showing legal service within the county, on certiorari from the common pleas, may be shown, by depositions, to have been made outside the county and, therefore, to be irregular and invalid.</p> <p>Constable’s return — Act of July 9, 1901, P. L. 611¡..</p> <p>The Act of July 9, 1901, P. L. 614, does not alter the effect of the return of a constable. It merely provides that when he has legally served process it shall have the effect of service of a similar writ by the sheriff. It cannot be construed to extend the effect of a return and preclude the defendant, who has not been served, from showing the fact, simply because the constable falsely makes a return that he made such service.</p>