Loeb v. Allen

Citations

• 32 Pa. Super. 137
• 1906 Pa. Super. LEXIS 302

Syllabus

<p>Practice, C. P. — Service of statement prior to writ — Waiver—Judgment — Opening judgment.</p> <p>Where a statement of claim is served two days prior to the service of the writ, and the statement as served does not designate any court, term or number, the defendant cannot, after the service of the writ, safely ignore the copy of statement and the rule to file an affidavit of defense, and treat the premature service thereof as equivalent to no service. If, in such a case, the defendant takes a rule to open the judgment, so as to have the case heard upon the merits, he may be considered to have waived the mere irregularity of procedure; or at any rate, the most that he could claim was that the case then became one which called for the exercise of a sound discretion of the court in either discharging or making absolute the rule to open the judgment.</p>