Gallagher v. Keystone Realty Holding Co.

Opinion by

Mr. Justice Linn,

Plaintiff began this suit by petition alleging that he was a creditor of the insolvent defendant corporation and praying that a receiver be appointed pursuant to the Act of June 4, 1901, P. L. 404, 39 PS section 1 et seq. For present purposes the facts averred must be taken as true. A rule on defendant to show cause was granted: section 7.

Without answering on the merits, defendant appeared de bene esse and filed its petition under the Act of March 5,1925, P. L. 23,12 PS section 672, challenging jurisdiction over the cause of action on the ground that, as the…