Dyer & Co. v. Walker & Howard
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. This was an action of assumpsit, brought November 10th 1858, by John Walter and James Howard, in right of the Somerset and Conemaugh Turnpike Company, against William Dyer & Company.
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Error to the Common Pleas of Somerset county. This was an action of assumpsit, brought November 10th 1858, by John Walter and James Howard, in right of the Somerset and Conemaugh Turnpike Company, against William Dyer & Company. The summons was served “by copy on McStern, William Dyer’s clerk, December 3d 1858.” By the affidavit of McStern, it appeared'that at the time of service he was not acting as clerk or agent for Dyer & Co., though he had formerly been employed in that capacity, and was retained for the purpose of collecting rents for them on commission. On the 9th of February 1859,…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
On the trial of this action of assumpsit, a plea involving the forfeiture or invalidity of the charter of the Turnpike Road Company, for some want of performance by the company, or agents of the state, was demurrable, or might have been treated as a nullity by the court. The validity of charters cannot be tried in this collateral way: Irvine v. The Lumberman Bank, 2 W. & S. 204; consequently the court was right in refusing to affirm the plaintiffs’ point.
There is no question before us about the service of the writ. That was cured even if…
2Cases cited1 opinion
- Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
3Cited by2 opinions
- In re the Philadelphia & Merion Railway Co.Supreme Court of Pennsylvania · 1898
- Keystone Wood Co. v. Susquehanna Boom Co.Court of Appeals for the Third Circuit · 1917