Sweeney v. Girolo

Citations

• 154 Pa. 609
• 26 A. 600
• 1893 Pa. LEXIS 943

Syllabus

<p>Practice — Service of process — Judgments, void and voidable.</p> <p>Where a summons shows a return of “ served by copy,” the presumption is that the service was in compliance with the act, and the judgment subsequently entered cannot be attacked in an action of replevin to recover the goods sold on execution under the judgment, although the docket of the justice of the peace who issued the execution contains the entry “ served by leaving copy at place of business.” The justice had jurisdiction and the judgment was not void but merely voidable, and it would therefore support the execution and sale.</p> <p>Partnership — Sale of firm goods under judgment against single partner— Holding out — Evidence for jury.</p> <p>In an action of replevin to recover goods alleged to be the property of a partnership but sold under an execution against one of the partners individually, both plaintiffs testified that they were partners. There was some evidence that the partner against whom the judgment was entered held himself out as the sole owner of the goods. Held, that the case was for the jury to determine whether the execution defendant had been permitted to hold himself out as the real owner of the goods.</p>