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SERVICE IS SET TO ONE SIDEJudge Frazier Hands Down Opinion InCompllcrted Case.Suit Of Darblaon- Walker Uefraclories Company Against K. W. TrtiX-cricks and A* Alunro.Pittsburg Times, 17 tu inxt.Judge JR. S. Frazer, of oommoo pleas court So. 2, handed down an opinion yesterday selling aame the service in the sail of the Efarbisoo-Walker Refractories company against K. W. Fredericks and Archibald Monro. Some time ago a dispute arose between the parties to the suit over the completion of a fire brick works transferred by the defendants to the plaintiff company. Dunng last February the defendants were summoned to Pittsburg by a letter from the vice president of the plaintiff company. When they reached the offices of the Pittsburg company they were met with a demand for the payment of $5,« 275 alleged to be dne owing to defects in the works purchased. They refused to pay the sum and upon leayiog the office were met by a deputy, sheriff and served with a summons in the ease.Judge Frazier says: “Abuse of legalprocess has alwajs been disapproved by our courts, as wherever it has been made to appear that the service of a writ has been accomplished by false representation made to, or deceitful contrivances practiced upon the defendant such service has universally been set aside. We are not aware of a single reported case where a party guilty of using unfair or unconscionable means to secure set vice of a writ upon another has been permitted to enjoy the fruits of his wrongful act.‘'That the defendants were enticed within the jurisdiction of the vice president and geoeral manager of the plaintiff company by bis letter of JFebruery 13 for the purpose of having -erred upon them the writ in this case is made clear by the fact that opon the day previous to the defendants’ arrival in this city, arrangements were made to have a deputy at the sheriff’s office on the morn mar of the 17 th, election
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Lock Haven Express
Lock Haven, Pennsylvania, US
Wed, Mar 18, 1903
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USA 10 Sep 2020
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