Cramer & Struthers v. E. E. Lauffer and Wife

Service of summons by the constable is wholly irregular and contrary to the Act of Assembly of July 9, 1901, P.L. 614, where it appears by the record that he served a true copy of the original summons on "E. E. Lauffer and wife," without designating the name of "wife."

CONSTABLE-SERVICE OF SUMMONS-DESIGNATING NAME

OF DEFENDANT.

No. 352, March Term, 1913, C. P. of Fayette County.

Certiorari

George B. Jeffries, Attorney for Defendants.

Opinion by R. E. Umbel, P. J. March 31, 1913.

EXCEPTIONS

First: The record does not disclose that the Justice had jurisdiction of the parties, the Defendants below.

Second: The record fails to show that a summons was served upon one of the Defendants below, "and wife", the return of the Constable reading as follows:

And now, December 26, 1912, served a true copy of the original summons on E. E. Lauffer and wife, at the same time producing the original and informing "them" of the contents thereof.

Third Parties must be designated by name and not by a mere description. The word, "and wife" following the name of the defendant, E. E. Lauffer in the process and judgment import no personal obligation by the wife, nor do they make her a party.

Cramer & Struthers v. E. E. Lauffer and Wife.

Fourth: The service of the summons by the Constable was wholly irregular and contrary to the act of Assembly of July 9, 1901, P. L. 614.

ORDER.

Now, March 31, 1913, this matter came on to be heard and was submitted; and now, April 22, 1913, upon and after due consideration and under the authority of Kauffman vs. Sherbondy, 22 D. R. 114, it is ordered and directed that the 1st, 2d, 3d and 4th exceptions be and the same are hereby sustained and the judgment of the justice accordingly reversed.

Reported by Harry W. Byrne.

Simeon Florie v. Henry Hainz

Where an appeal taken more than six years since, fails to show the facts that bail was given and the costs paid, a motion to strike off the appeal for defective transcript is dead for delay.

The rights of all the parties will be conserved by an order that the appellant file a proper recognizance by the former bail as surety.

DEFECTIVE TRANSCRIPT OF APPEAL-RIGHT TO MOVE TO STRIKE OFF APPEAL LOST BY DELAY-ALTHOUGH TRANSCRIPT DOES NOT SHOW THAT BAIL WAS GIVEN AND COSTS PAID-BOTH OF WHICH WERE IN FACT DONE.

No. 1414, October Term, 1905, C. P. of Luzerne County.

Motion to strike off appeal from justice of peace on the ground that no bail was given.

B. W. Davis, Attorney for Plaintiff.

D. A. Fell, Attorney for Defendant.

Opinion by H. A. Fuller, P. J., January 18th, 1913.

OPINION.

This appeal was filed October 9th, 1905.

The transcript does not show that bail was given or that costs were paid, but in fact both of these things were done, Dr. T. A. James being the surety.

The present motion was not made until November 30th, 1912. The justice of the peace has been dead several years. The motion is killed by delay, particularly in light of the facts above stated, and all just rights of the parties will be fully conserved by the following:

Simeon Florie v. Henry Hainz.

ORDER.

Now, January 18th, 1913, the motion to strike off the appeal is denied, upon condition, however, that the defendant shall within ten days after notice hereof file of record a proper recognizance with Dr. T. A. James as surety in the sum of Two hundred dollars ($200.).

Editorial Department

AN ALDERMAN CONSIDERS J.L.R. INDISPENSABLE, WHILE IN OFFICE.

Mr. A. R. Place,

Pittston, Pa., June 2, 1913.

Dear Sir:

Enclosed find $2.00, according to your bill enclosed. Your work is very fine and I must have it as long as I am in office.

Yours, &c.,

John Jordan.

LEGISLATIVE NOTES.

The "red flag" amendment of the Act of March 27, 1913, changes the Act of June 25, 1895, so that "no red flag," whatever it is "intended to represent," shall be carried in a public procession.

The Act of March 27, 1913, so amends the Act of May 7, 1907, that county auditors' reports shall "be published once a week for three successive weeks in at least two newspapers of the respective county," instead of, "at least two weekly newspapers etc." This authorizes the publication in a daily paper.

The married woman's emancipation act of June 8, 1893, was amended by the Act of March 27, A. D. 1913. The amendment cuts out the qualifying clauses as to separation, divorce and refusal to support and she may now sue her husband the same as any other person for her separate property.