Commonwealth ex rel. State Hospital for the Insane v. County of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 25, May T., 1899, by defendant, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1897, No. 59, on case tried by tbe court without a jury. Assumpsit to recover an amount claimed to be due for the maintenance of insane patients. The case was tried without a jury before Simonton, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in finding for plaintiff.
1Opinion of the Court
Opinion bt
Mr. Justice Mitchell,
The principal question is whether the court of Dauphin county had jurisdiction in the case. This depends on whether the suit is really by the commonwealth in its own right, and is properly brought in its name.
*238The Act of April 7, 1870, P. L. 57, is entitled “An act to enlarge the jurisdiction of the court of common pleas for the county of Dauphin in cases wherein the commonwealth may be party,” etc., and section 1 clothes that court “ with jurisdiction throughout the state for the purpose of hearing and determining all suits, claims and demands whatever at law or…
2Cases cited3 opinions
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