Legal Opinion

Carr v. Ætna Accident & Liability Co.

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 60PublishedCited by 16 opinions

Appeal, No. 60, April T., 1916, by defendant, from order of C. P. Allegheny Co., July T., 1915, No. 1325, reversing order of county court making absolute rule to strike off service of summons and vacate judgment in case of W. Murray Carr v. The AEtna Accident & Liability Company. Rule in county court to strike off service of summons and vacate judgment entered for want of an appearance. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 60, April T., 1916, by defendant, from order of C. P. Allegheny Co., July T., 1915, No. 1325, reversing order of county court making absolute rule to strike off service of summons and vacate judgment in case of W. Murray Carr v. The AEtna Accident & Liability Company. Rule in county court to strike off service of summons and vacate judgment entered for want of an appearance. The facts are stated in the opinion of the Superior Court. Error assigned was order reversing order of county court making absolute rule to strike off service of summons and vacate judgment.

1Opinion of the Court

Opinion- by

Kephart, J.,

The defendant is a foreign corporation, duly registered under the Act of June 1, 1911, P. L. 607, and appointed, as provided by the act, the insurance commissioner as its attorney and authorized agent upon whom service of process might be made. Plaintiff’s summons was served in the following manner: “Served the within writ and copy of plaintiff’s statement- February 17, 1915, by handing a true and attested copy thereof-to R. A. S. Pollock, assistant manager. The .¿Etna Accident and Liability Company, a corporation, defendant, and making known to him the contents…

2Cases cited12 opinions

  1. Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
  2. In re Road in the Borough of PhoenixvilleSupreme Court of Pennsylvania · 1885
  3. Hagerman v. Empire Slate Co.Supreme Court of Pennsylvania · 1881
  4. Kennedy v. Agricultural Ins.Supreme Court of Pennsylvania · 1895
  5. Leinbach's EstateSupreme Court of Pennsylvania · 1913

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
  2. Commonwealth v. StofchekSupreme Court of Pennsylvania · 1936
  3. Gumpert's EstateSupreme Court of Pennsylvania · 1941
  4. Carp v. Ætna Accident & Liability Co.Supreme Court of Pennsylvania · 1919
  5. Graeff v. SchlottmanSupreme Court of Pennsylvania · 1926

11 more not listed; retrieve them via the Exa API.

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