Benwood Ironworks v. Hutchinson & Bro.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county: Cf October Term 1882, No. 7. Assumpsit. The parties to this suit were named in the praecipe and summons as follows: “ A. A. Hutchinson; and Thomas B. Hutchinson, partners as A. A. Hutchinson & Bro.,” plaintiffs, against “ The Benwood Iron Works,-a corporation,” defendant. The summons issued January 12th 1881, returnable the first Monday of February 1881, was returned by the sheriff n. e. i.
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Error to the Court of Common Pleas No. 2 of Allegheny county: Cf October Term 1882, No. 7. Assumpsit. The parties to this suit were named in the praecipe and summons as follows: “ A. A. Hutchinson; and Thomas B. Hutchinson, partners as A. A. Hutchinson & Bro.,” plaintiffs, against “ The Benwood Iron Works,-a corporation,” defendant. The summons issued January 12th 1881, returnable the first Monday of February 1881, was returned by the sheriff n. e. i. On July 27th 1881, an alias summons was issued, under the same title, to which on the same day the sheriff made the following return: “ Served,…
1Opinion of the CourtJustice Trunkey
A foreign corporation, under certain circumstances, may be sued in the courts of this state. The circumstances .which subject it to such suit need not be set forth in the praecipe or summons. No cause appeared for quashing the writ.
Where the return on its face does not show a legal service of the writ, the service may be set aside. As the return must be considered as conclusive between the parties to the action, it is error to set aside the service upon extraneous evidence. Affidavits and depositions are no part of the record: Kennard v. Railroad Co., 1 Phil. 41; Kleckner v. Lehigh County, 6…
2Cases cited2 opinions
- Newell v. Great Western Railway Co.Michigan Supreme Court · 1869
- Kleckner v. County of LehighSupreme Court of Pennsylvania · 1841
3Cited by9 opinions
- Vaughn v. LoveSupreme Court of Pennsylvania · 1936
- Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.Supreme Court of Pennsylvania · 1920
- Eline v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1916
- Ben Franklin Coal Co. v. Pennsylvania Water Co.Superior Court of Pennsylvania · 1904
- Glazer v. SanetSuperior Court of Pennsylvania · 1928
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