FLOOD, J., July 18, 1952.
If we had followed the procedure adopted in Keller v. Trout, 17 Dist. R. 326 (1908), and Handrick v. Billings, 24 Pa. C.C. 64 (1901), we should have dismissed the petition. Rather than do this, we felt that we should merely order that pleadings be filed and the case go to trial on the merits to save plaintiff the cost of filing a new suit. Defendant has raised no objection to this procedure and, therefore, we do not think it necessary to...
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