McCullough v. Railway Mail Ass'n
Supreme Court of Pennsylvania
Appeal, No. 359, Jan. T., 1908, by defendant, from judgment of C. P. Crawford Co., Sept. T., 1906, No. 53, on verdict for plaintiff in case of Elizabeth McCullough v. The Railway Mail Association, doing business as National Association of Railway Postal Clerks. Assumpsit on a policy of accident insurance. Before Holt, P. J., specially presiding.
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Appeal, No. 359, Jan. T., 1908, by defendant, from judgment of C. P. Crawford Co., Sept. T., 1906, No. 53, on verdict for plaintiff in case of Elizabeth McCullough v. The Railway Mail Association, doing business as National Association of Railway Postal Clerks. Assumpsit on a policy of accident insurance. Before Holt, P. J., specially presiding. From the record it appeared that the court was moved to set aside service of summons on the ground that the defendant was a foreign corporation not doing business in Pennsylvania, and not registered in this state. The court discharged the rule. [1]…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
It is a familiar rule of practice in this state that an appearance by the defendant cures any defect or irregularity *123in the service of the writ. A defendant may appear in person or by counsel. If he appear by counsel, the latter causes his name to be entered on the record. It is not necessary, however, that the defendant should formally appear personally or by counsel to give the court jurisdiction, and to make him amenable to its order, decree or judgment. He will be regarded as having appeared if he give bail to the action, if he file an affidavit of defense…
2Cases cited2 opinions
- Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
- Lycoming Fire Insurance v. StorrsSupreme Court of Pennsylvania · 1881
3Cited by34 opinions
- Luckett v. ReighardSupreme Court of Pennsylvania · 1915
- United States v. StoehrDistrict Court, M.D. Pennsylvania · 1951
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.Supreme Court of Pennsylvania · 1922
- Commonwealth v. ParkerSuperior Court of Pennsylvania · 1915
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