Standard Wood Pipe Co. v. Cambria County Coal Co.

Citations

• 262 Pa. 463
• 105 A. 830
• 1919 Pa. LEXIS 705

Syllabus

<p>Practice, C. P. — Voluntary nonsuit — Counterclaim—Notice to file answer — Act of May 14, 1915, P. L. 488.</p> <p>Where in an action of assumpsit the defendant files an affidavit of defense containing a counterclaim more than four months before the Act of May 14, 1915, P. L. 483, was passed, and nearly a year before it went into effect, and the plaintiff suffers a voluntary nonsuit after the act has become effective, the defendant cannot, afterwards, when the case is on trial, offer evidence as to the counterclaim, if it appears that he had not complied with Section 15 of the Act pf 1915, requiring him to serve a notice on the plaintiff to file a reply to the counterclaim within fifteen days after service thereof. The ease stood as if the Act of 1915 had not been passed.</p>