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· 7/10/1902

Lytle v. M'Cune

Citations

  • 20 Pa. Super. 594
  • 1902 Pa. Super. LEXIS 284

Syllabus

<p>Practice, C. P. — Service—Luring into jurisdiction — Waiver.</p> <p>Where a service regular on Us face is sought to be set aside on the ground that the defendant was fraudulently lured into the jurisdiction, and two rules have been taken for that purpose, but both discharged, and the defendant then pleads, files a bill of particulars, and goes to trial, without excepting to the orders of the court discharging his rules, and without reserving his right to except to the service, he will be deemed to have waived his objection to the service and to have submitted himself to the jurisdiction of the court.</p> <p>Doubted whether the refusal to set aside the service of a summons upon an allegation of facts outside the record is assignable for error.</p>

Judges: Beavee, Oelady, Poetee, Poetes, Rice

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