Roscoe v. Browne

Citations

• 35 Pa. Super. 646
• 1908 Pa. Super. LEXIS 98

Syllabus

<p>Practice, C. P. — Parties—Service—Appearance.</p> <p>An action of assumpsit was brought against four several defendants. Service was accepted on behalf of two of them by an attorney with directions to the prothonotary to enter an appearance for the two defendants named. Subsequently the same attorney filed an affidavit of defense and thereafter a plea, on behalf of “the defendants” without naming any of them, and under captions which included the names of all four defendants. Subsequently the case was called for trial, and the minutes showed that the attorney in question and another attorney appeared for the defendants, without naming them. At this trial and at two subsequent trials, juries were sworn as to all the defendants without an objection having been raised. In other proceedings taken in the cause no distinction was made amongst the several defendants. The record showed that no return was made by the sheriff on the writ. At the third trial the parties not served testified as witnesses. Held, that there was no error in entering judgment against all the defendants upon a verdict rendered against them at the third trial.</p>