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MANGINO v. STEEL CONTRACTING CO.

427 Pa. 533 (1967)

Mangino, Appellant, v. Steel Contracting Company.

Supreme Court of Pennsylvania.

November 14, 1967.

Attorney(s) appearing for the Case

Clyde G. Tempest, with him Paul A. Simmons, and Tempest & Simmons, for appellant.

Charles C. Keller, with him Peacock, Keller & Yohe, for appellee.

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

OPINION BY MR. JUSTICE COHEN, November 14, 1967:

Rule 1030 of the Pa. Rules of Civil Procedure requires that all affirmative defenses including statute of limitations shall be pleaded in a responsive pleading under the heading of "New Matter."

In this action of trespass, even though it appears on the record that the original complaint was never served and appellant did not reinstate her complaint or obtain service on appellee in the time permitted by Pa. R...

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