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1 Monag. 174

Diehm v. Parkes

Supreme Court of Pennsylvania

Decided February 14, 1889

Supreme Court of Pennsylvania · decided 1889-02-14

Error, No. 35, July T. 1888, to C. P. Chester Co., to review a judgment dismissing exceptions on a certiorari to a justice of the peace, at Jan. T. 1888, No. 123. Clark and Green, JJ., absent. The transcript showed that the action was .against Kachel A. Diehm, that the summons was issued Jan. 7, 1888, returnable Jan. 13, and was served personally Jan. 9, by producing the original summons and informing her of the contents thereof.

Relies on Murdy v. McCutcheon

Decided 1889-02-14

Per Curiam,

¶1Writ of error quashed.

¶2Note. — Under this decision and those cited by defendant in error, the writ in Murdy v. McCutcheon, 95 Pa. 435, should have been quashed. The point was not raised in that case. See report in 1 Ches. Co. 326.

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