Tops Apparel Manufacturing Co. v. Rothman

Dissenting Opinion by

Mr. Justice Cohen:

I cannot agree with the majority that the residency requirement under Pa. R.C.P. 1252(1) involves a question of personal and not subject matter jurisdiction.

Appellants challenge the issuance of the writ on the basis that they were residents of Pennsylvania at the *590time of issuance, and hence the court below lacked the power or authority to issue such a writ under Rule 1252(1). The court below in sustaining the issuance reasoned that although the residency requirement under Rule 1252(1) may be raised at any time during the proceedings, since the…