Markowitz v. Ararat Dye Works
Superior Court of Pennsylvania
Appeal, No. 178, Oct. T., 1919, by defendant, from judgment of Municipal Court of Philadelphia, November T., 1918, No. 89, in case tried by the court without a jury in the suit of Annie Markowitz v. David Sudjian and Hagop Sudjian, trading as Ararat Dye Works. Assumpsit. Before Bartlett, J., without a jury. The opinion of the Superior Court states the case.
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Appeal, No. 178, Oct. T., 1919, by defendant, from judgment of Municipal Court of Philadelphia, November T., 1918, No. 89, in case tried by the court without a jury in the suit of Annie Markowitz v. David Sudjian and Hagop Sudjian, trading as Ararat Dye Works. Assumpsit. Before Bartlett, J., without a jury. The opinion of the Superior Court states the case. On the rule to strike off the judgment because the court had never acquired jurisdiction of the persons of the defendants, the court dismissed the rule and entered a judgment for plaintiff for $30.85. Defendants appealed. Error assigned…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff sued a nonexistent corporation. The writ commanded the sheriff to summon “Ararat Dye Works, a Corporation.” The sheriff returned that he had served the writ on the Ararat Dye Works, a corporation, “the within named defendant company” by handing personally a true and attested “copy of the writ together with a copy of the plaintiff’s statement of claim to David Sudjian the president of said defendant company.” If, as is now conceded, no such corporation existed, manifestly, the writ served as stated brought no person within the jurisdiction of court. Shortly…
2Cases cited2 opinions
- McGinnis v. Valvoline Oil Works, Ltd.Supreme Court of Pennsylvania · 1916
- White Co. v. Fayette Automobile Co.Superior Court of Pennsylvania · 1910
3Cited by11 opinions
- Wernick v. Pittsburgh Underwriters AgencySuperior Court of Pennsylvania · 1926
- Cairns v. E. P. Wilbur Trust Co., Pennsylvania Court of Common Pleas, Lehigh County1933
- Clifton & Hamilton, Inc. v. Stramara, Pennsylvania Court of Common Pleas, Schuylkill County1935
- H. A. Caesar & Co. v. Banks Bros., Pennsylvania Court of Common Pleas, Philadelphia County1926
- Johnson v. Madrid Motor Corp.Pennylvania Municipal Court, Philadelphia County · 1943
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