Pantall v. Dickey

Citations

• 123 Pa. 431
• 16 A. 789
• 1889 Pa. LEXIS 666

Syllabus

<p>1. In an action before a justice of the peace against a non-resident of the county, the service of a summons made returnable more than four days after its date, will not give jurisdiction to the justice, so that he may enter judgment in default of appearance.</p> <p>2. The provisions of § 26, act of July 12, 1842, P. L. 345, directing that a non-resident defendant shall be proceeded against, in such action, by a summons returnable not less than two, nor more than four days from its date, are peremptory.</p> <p>If upon a transcript of a of jurisdiction, judgment be entered in the Court of Common Pleas, it will be stricken off on motion, no matter how, or in what mode, or at what time the objection on that ground is made.</p>