Spang & Co. v. Adams Express Co.

Citations

• 75 Pa. Super. 107
• 1920 Pa. Super. LEXIS 232

Syllabus

<p>Practice, O. P. — Practice Act of 1915 — 0ommencement of actions — Summons—Act of June 18, 1886, P. L. 572.</p> <p>An action in assumpsit is not properly commenced by tbe service of a plaintiff’s statement in accordance with the provisions of the Practice Act of 1915 (Act of May 14, 1915, P. L. 483).</p> <p>The Practice Act of 1915 (Act of May 14, 1915, P. L. 483), did not abolish the regular method of instituting actions in trespass and assumpsit by a summons served by the sheriff in accordance with the provisions of the Act of June 13, 1836, P, L. 572. It is still necessary in such actions to issue a writ of summons in accordance with the Act of 1836.</p> <p>The Practice Act of 1915 must be held to mean that when actions are brought in the manner provided by law the pleadings shall be conducted in the manner by that statute defined. The Act of June 13, 1836, section 1, P. L. 572, provides for the commencement of personal actions and prescribes the form of the writ and the manner of service. There is nothing in the subsequent statutes which obviates the necessity of beginning the action in the manner required by this act.</p>