Heckscher v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill County to review a judgment making absolute a rule to show cause why the writ should not be quashed .and the service of the writ set aside in an action of trespass on the case for negligence.
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Error to the Common Pleas of Schuylkill County to review a judgment making absolute a rule to show cause why the writ should not be quashed .and the service of the writ set aside in an action of trespass on the case for negligence. On July 21, 1881, this action was instituted in the court of common pleas of Schuylkill county, by Richard Heckscher, C. August Heckscher, and Jacob Glover, trading as Richard Heckscher & Company, against the city of Philadelphia, and the sheriff of the said county made a return of service as follows: “Served on the defendant by giving to Heber S. Thompson,…
1Per curiam
It is well-settled law in Pennsylvania, that a municipal corporation can be sued only in the courts of the county where it is situated. Oil City v. McAboy, 74 Pa. 249.
An action against such a corporation is not transitory, but local. Lehigh Co. v. Kleckner, 5 Watts & S. 181.
Whether the action be on a contract or for a tort the rule is the same. Potts v. Pittsburgh, 14 W. N. C. 38.
The writ in this case was improperly served, and the court committed no error in setting aside the service thereof. No act *352of the defendant operated as a waiver of the defective service.
Judgment affirmed.
2Cases cited2 opinions
- Lehigh County v. KlecknerSupreme Court of Pennsylvania · 1843
- Oil City v. McAboy ex rel. BollmanSupreme Court of Pennsylvania · 1873
3Cited by10 opinions
- State ex rel. King County v. Superior CourtWashington Supreme Court · 1918
- City of North Yakima ex rel. Whitson v. Superior CourtWashington Supreme Court · 1892
- Piercy v. Johnson CityTennessee Supreme Court · 1914
- Peaceman v. CadesSuperior Court of Pennsylvania · 1979
- State ex rel. Johnson v. District CourtSupreme Court of Minnesota · 1913
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