Evans v. Goodwin
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 36 July Term 1889, Sup. Ct.; court below, No. 854 December Term 1886, C. P. No. 3, in Equity. To the term and number stated in the court below, Daniel G. Evans, assignee for the benefit of creditors of Charles N. Selser, John A. Selser, and George W. Turner, trading as Selser & Bro., filed a bill in equity against Wm. W. Goodwin.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 36 July Term 1889, Sup. Ct.; court below, No. 854 December Term 1886, C. P. No. 3, in Equity. To the term and number stated in the court below, Daniel G. Evans, assignee for the benefit of creditors of Charles N. Selser, John A. Selser, and George W. Turner, trading as Selser & Bro., filed a bill in equity against Wm. W. Goodwin. An answer having been filed and issue joined, the cause was referred to Mr. H. K. Boyer as master, who reported: The bill alleges that the plaintiff was, by deed of assignment dated…
1Per curiam
We are asked to dismiss this bill for want of jurisdiction. It is true the want of jurisdiction may be taken advantage of at any stage of the proceedings. But this is so only in clear cases, when the want of jurisdiction is patent. It is not so here. The most that can be claimed is that the jurisdiction is doubtful. Under such circumstances the defendant should have demurred. This was not done. The defendant conceded the jurisdiction, so far as it may be implied from his acquiescence in the reference to a master. After such reference, involving heavy costs, the case should be very clear to…
2Cited by6 opinions
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