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1 Miles 350

Duncan v. Lloyd

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1836-09-10

A SUMMONS had issued in this case, returnable to December term 1835. The return of the sheriff was “summoned.” The defendant did not appear, and judgment was rendered against him for want of an appearance. A writ of inquiry for the assessment, of the plaintiff’s damages was issued on the 1st day of June 1836, returnable to the first Monday of June, which was the 6th.

Decided 1836-09-10

Per Curiam.

¶1-The writ of inquiry in this case issued on tbo fourth day before the day of its execution, considering both days included. This is contrary to what has been understood to be the rule of practice since the matter was settled in Moore v. Hess. Although the practice has undoubtedly suffered some interruption, yet parties have always taken the risk of short notices. We think the defendant is entitled to eight days notice, at least, of the execution of the writ of inquiry. The notice is to be served on the defendant in person, if practicable; or if not, by reason of absence or concealment, by leaving it with his family, or at his usual place of residence. If he is not in the bailiwick, and has no family or residence therein, the practice is to post the notice in the prothonotary’s office, as in case of writs of inquiry on judgments in foreign attachment.

¶2Rule absolute.

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