Ingrava v. Suman

Citations

• 77 Pa. Super. 344
• 1921 Pa. Super. LEXIS 268

Syllabus

<p>Practice, C. P. — Trespass—Summons—Return day — Judgment by default — Motion to strike off — Stay of proceeding.</p> <p>A summons in trespass must be made returnable in accordance with the statutory provisions therefor. A summons issued twelve days before the next return day, cannot be made returnable to the ¡second return day, and if so made is void. Service of such a writ is not sufficient to support a judgment by default. Upon an appearance by counsel de bene esse, a motion to strike off judgment by default in such case should have been allowed, and while it was pending it was a stay to further proceeding.</p>