April 21, 1958
Appeal, No. 51, March T., 1958, from order of Court of Common Pleas of Allegheny County, Oct. T., 1931, No. 2144, in case of County of Allegheny et al. v. W. H. Virgin, trading and doing business as Wilkinsburg Construction Company, et al. Order affirmed.
John F. Gloeckner, with him Waldo P. Breeden, for appellant.
Frank Reich, for appellee.
Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.
[ 392 Pa. Page 288]
OPINION PER CURIAM
The order of the court below discharging the rule obtained by the defendant on May 8, 1957, calling upon the plaintiff to show cause why a judgment entered against the defendant on October 29, 1931, for want of an appearance, should not be stricken off for a technical and immaterial defect in the statement of claim served with the summons, is affirmed on the opinion of Judge HOMER S. BROWN for the court below reported at 12 Pa. D. & C.2d 40.
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