Opinion
April 11, 1961.
June 15, 1961.
Practice — Judgments — Opening — Service of process — Business office at place of residence — Service upon adult member of household — Attachment of funds and satisfaction of judgment.
In a proceeding upon a rule to strike off, or in the alternative, to open a judgment on the ground that at the time of service of the complaint in assumpsit by the sheriff upon defendant's wife she was in poor health and failed to inform defendant of plaintiff's cause of action, in which it appeared that defendant, a general contractor, maintained his business office at his place of residence, where service was made on defendant's wife; that thereafter judgment was entered in default of an answer; and that subsequently plaintiff attached funds of defendant in a bank, and later the bank, which had not heard from defendant, paid the judgment and costs and the record was marked satisfied; it was Held that the order of the court below discharging the rule to show cause should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 111, April T., 1961, from order of County Court of Allegheny County, No. 1708 of 1960, in case of Edward J. Sanctis v. John Checco. Order affirmed.
Same case in court below: 24 Pa. D. C. 2d 121.
Proceeding upon petition of defendant and rule to show cause why judgment entered by default in action of assumpsit should not be opened or stricken.
Order entered discharging rule, opinion by BECK, J. Defendant appealed.
Alan L. Ackerman, with him Milton I. Watzman, and Watzman and Groudine, for appellant.
J. Lee Miller, with him Miller Miller, for appellee.
Argued April 11, 1961.
The order of the County Court of Allegheny County is affirmed on the opinion of Judge NATHANIEL K. BECK for the court below, reported at 24 Pa. D. C. 2d 121.