William Flaccus Oak Leather Co. v. Heasley

Citations

• 50 Pa. Super. 127
• 1912 Pa. Super. LEXIS 18

Syllabus

<p>Practice, C. P. — Service of process — Sheriff’s return.</p> <p>1. The sheriff’s return showing that a true and attested copy of the writ of summons was handed to the defendant at his place of business, designating it, and that he was informed of the contents thereof, is conclusive of the fact of service as between the parties, and such return cannot be contradicted aliunde.</p> <p>■ Judgment — Striking off judgment — Opening judgment.</p> <p>2. A judgment entered for want of an appearance and affidavit of defense which is regular and valid on its face, cannot be struck off or vacated. Such a judgment, for sufficient cause shown, may be opened and the defendant let into a defense, but it cannot be stricken off.</p> <p>3. A judgment entered for want of an appearance and an affidavit of defense in a suit for leather sold and delivered, will not be opened where it appears that the goods were received and retained by the defendant, and there is a mere general averment that the leather received was not the leather ordered and that it was worthless and without any value.</p>