Legal Opinion

Nash v. Rector, Churchwardens & Vestrymen of the Evangelical Lutheran Church

Pennsylvania Court of Common Pleas, Philadelphia County

Decided December 7, 1835PublishedCited by 9 opinions

THIS was a summons returnable to August return day of June term 183.5, The sheriff’s return was, “summoned, by serving a copy of this writ on the rector of the church personally.” The case came up on a rule to show cause why the service of the writ should not be set aside.

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THIS was a summons returnable to August return day of June term 183.5, The sheriff’s return was, “summoned, by serving a copy of this writ on the rector of the church personally.” The case came up on a rule to show cause why the service of the writ should not be set aside. The defendants were a corporation, under a charter of the state of New Jersey, the town of Swedesborough being in that state. contended, 1. That the rector is not the principal officer of the corporation. 2. That the service of a summons against a foreign corporation, even upon the principal officer, is not good in…

1Opinion of the Court

The opinion of the Court was delivered by

Pettit, President.

In a suit against a corporation, the process, at common law, must be served on the head or principal officer. If after such service the defendants do not appear at the return of the writ, by attorney duly appointed under their common seal, the next process is a distringas, under which the sheriff may distrain the lands and goods which constitute the common stock of the corporation. If they have neither lands nor goods, the courts have no power to compel them to appear. I Tidd’s Frac. 116. The service of a summons on the head or chief…

2Cases cited2 opinions

  1. Bushel v. Commonwealth InsuranceSupreme Court of Pennsylvania · 1827
  2. Washington & Pittsburg Turnpike Co. v. Cullen & CraneSupreme Court of Pennsylvania · 1822

3Cited by9 opinions

  1. Portsmouth Livery Co. v. WatsonMassachusetts Supreme Judicial Court · 1813
  2. Eline v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1916
  3. Middlebrooks v. Springfield Fire Insurance Co.Supreme Court of Connecticut · 1841
  4. Sullivan v. LaCrosse & Minnesota Steam Packet Co.Supreme Court of Minnesota · 1865
  5. Barnett v. Chicago & Lake Huron RailroadNew York Supreme Court · 1875

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