Kees v. Clark

Citations

• 213 Pa. 617

Syllabus

<p>Statute of limitations — Practice, C. P. — Delay in issuing pluries writ in assumpsit — Process.</p> <p>Where a plaintiff in assumpsit delays for over six years in issuing a pluries writ after an alias writ has been returned non est inventus, the pluries writ will be quashed. In such a case the statute of limitations will bar a further prosecution of the action.</p> <p>Practice, C. P. — Reservation of question of law.</p> <p>A reservation of a question of law “whether under the record and the evidence in the case, there is any evidence entitling the plaintiff to recover,” is in proper form.</p>