Reading & Southwestern Street Railway Co. v. Reading Street Railway Co.

Opinion by

Mr. Justice Linn,

The defendant appeals from the dismissal of its petition under the Act of March 5, 1925, P. L. 23,12 PS 672, challenging the jurisdiction of the court. The case was heard on plaintiff’s bill, defendant’s petition and plaintiff’s answer to the petition. The Act applies “only where a ‘question of jurisdiction over the defendant or of the cause of action for which suit is brought’ is preliminarily raised . . . the statute was not ‘intended to furnish a short cut to a determination of the issues of law or fact raised by the pleadings, however certain their determination…