Ralston's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1880, No. 131. Libel in divorce, a vinculo matrimonii, filed by Robert S. Ralston against his wife, Mary N. Ralston. The libel charged the respondent with desertion. The subpoena, libel, interrogatories and notice of the meeting before the examiner were all served personally on the respondent, who entered no appearance, filed no answer, and did not attend before the examiner.
Read the full summary
Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1880, No. 131. Libel in divorce, a vinculo matrimonii, filed by Robert S. Ralston against his wife, Mary N. Ralston. The libel charged the respondent with desertion. The subpoena, libel, interrogatories and notice of the meeting before the examiner were all served personally on the respondent, who entered no appearance, filed no answer, and did not attend before the examiner. The evidence showed that after the marriage, which took place in Wilmington, Delaware, in 1865, the respondent had continued to reside…
1Opinion of the Court
The judgment of the Supreme Court was entered February 16th 1880,
2Per curiam
We know no authority for a sheriff in this state to depute a sheriff in another state to execute a writ in the bailiwick of the latter, so as to give to it the effect of a personal service. A service thus made, cannot have the effect of a legal service made within this state: Coleman’s Appeal, 25 P. F. Smith 441.
It was by such an invalid service, the appellant claims to have brought the appellee within the jurisdiction of the court; and then, mostly on his own evidence, and without any appearance of the appellee, he sought to…
3Cited by6 opinions
- Commonwealth v. CusterSuperior Court of Pennsylvania · 1941
- Wallace v. United Electric Co.Supreme Court of Pennsylvania · 1905
- Halley v. HalleySuperior Court of Pennsylvania · 1933
- Arnout's EstatePennsylvania Orphans' Court, Schuylkill County · 1924
- Bloom v. Bloom, Pennsylvania Court of Common Pleas, Luzerne County1928
1 more not listed; retrieve them via the Exa API.