Phillips v. Library Co.
Supreme Court of Pennsylvania
APPEAR BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. January Term 1890, Sup. Ct.; court below, No. 97 March Term 1886, C. P. No. 3. On February 15, 1886, James S. Phillips and Emily S. his wife, in right of said wife, brought case against “ The- Burlington Library Company, Richard Mott, President, and Samuel W. Taylor, Secretary thereof.”
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APPEAR BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. January Term 1890, Sup. Ct.; court below, No. 97 March Term 1886, C. P. No. 3. On February 15, 1886, James S. Phillips and Emily S. his wife, in right of said wife, brought case against “ The- Burlington Library Company, Richard Mott, President, and Samuel W. Taylor, Secretary thereof.” The sheriff made return that the summons was served on the president of the defendant company in Philadelphia. A rule to set aside the service of the writ having been discharged, a rule was taken by the plaintiff to amend the…
1Opinion of the Court
OuiNioN,
Mu. Chirp’ Justice Paxson :
The question here is one of jurisdiction. The defendant company is a foreign corporation, having its existence and place of business only in the state of New Jersey. It does not do business in the state of Pennsylvania, nor has it ever done so. The president of said corporation, being temporarily within this state, for either business or pleasure, it does not matter which, was served with process issued against the company, for a cause of action arising in the state of New Jersey. The defendant pleaded in abatement to the jurisdiction of the court, on the…
2Cases cited1 opinion
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