Smeltz v. Smeltz

Schuylkill County Court of Common Pleas

Smeltz v. Smeltz

26 Pa. D. & C. 642, 1936 Pa. Dist. & Cnty. Dec. LEXIS 408

CourtPennsylvania Court of Common Pleas, Schuylkill County

DecidedJanuary 6, 1936

Docketno. 415

StatusPublished

This text of 26 Pa. D. & C. 642 (Smeltz v. Smeltz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Schuylkill County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smeltz v. Smeltz, 26 Pa. D. & C. 642, 1936 Pa. Dist. & Cnty. Dec. LEXIS 408 (Pa. Super. Ct. 1936).

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Opinion

Houck, J.,

Unfortunately, this record must be returned to the master for noncompliance with Rule 117, which provides, inter alia, as follows:

“Ten days’ written notice of the time and place of taking testimony shall be given by the master to the attorneys for both parties. If there be no appearance for the respondent, the notice shall be given to him or her personally, if possible.”

There was no appearance for respondent, and notice of the hearing to be held on October 9, 1935, was served on respondent personally on October 1, 1935. This was not 10 days’ notice as required by the rule.

And now, January 6, 1936, the record is remanded to the master for further proceedings.

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Houck, J.,

Unfortunately, this record must be returned to the master for noncompliance with Rule 117, which provides, inter alia, as follows:

“Ten days’ written notice of the time and place of taking testimony shall be given by the master to the attorneys for both parties. If there be no appearance for the respondent, the notice shall be given to him or her personally, if possible.”

There was no appearance for respondent, and notice of the hearing to be held on October 9, 1935, was served on respondent personally on October 1, 1935. This was not 10 days’ notice as required by the rule.

And now, January 6, 1936, the record is remanded to the master for further proceedings.

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Bluebook (online)

26 Pa. D. & C. 642, 1936 Pa. Dist. & Cnty. Dec. LEXIS 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smeltz-v-smeltz-pactcomplschuyl-1936.