THORN v. CLEARFIELD BOROUGH


420 Pa. 584 (1966)

Thorn, Appellant, v. Clearfield Borough.

Supreme Court of Pennsylvania.

March 22, 1966.


Attorney(s) appearing for the Case

Joseph S. Ammerman, for appellants.

Richard A. Bell, with him Bell, Silberblatt & Swoope, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE O'BRIEN, March 22, 1966:

Appellants commenced an action of trespass by filing a praecipe for a writ of summons on December 13, 1962. On July 24, 1963, after service of the writ, appellee ruled appellants to file a complaint within 20 days or suffer a judgment of non pros. On November 22, 1963, a judgment of non pros. was entered.

Appellants then filed a petition to strike the judgment of non pros. Appellee answered the petition and a...

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