Legal Opinion

Manlove v. McDermott

Pennsylvania Court of Common Pleas, Philadelphia County

Decided June 11, 1931No. 343Published

1Opinion of the Court

Finletter, P. J.,

A summons assumpsit was served upon the defendant at the League Island Navy Yard, where he was upon duty as a lieutenant in the United States Navy.

A petition to determine the jurisdiction of this court and for a rule to set aside the service is before us.

*729Two questions arise: (1) Is the service bad because made within land ceded to the United States? And (2) has the defendant immunity from service of civil process because he is an officer of the United States Navy upon duty at the Navy Yard?

He came here upon a United States vessel sent to the Navy Yard to be taken out of…

2Cases cited7 opinions

  1. Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
  2. Breitenbach v. BushSupreme Court of Pennsylvania · 1863
  3. Bank of Phoebus v. ByrumSupreme Court of Virginia · 1910
  4. Land Title & Trust Co. v. RamboSupreme Court of Pennsylvania · 1896
  5. Clark v. MartinSupreme Court of Pennsylvania · 1865

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