Barber & Co. v. Scranton Railway Co.

Citations

• 76 Pa. Super. 319
• 1921 Pa. Super. LEXIS 144

Syllabus

<p>Practice, C. P. — Actions against corporations — Service of summons in other county — Act of April 8,1908, P. L. 189 — Act of July 9,1901, P. L. 611f — Act of March 17, 1856, P. L. 888.</p> <p>Where a street railway corporation operates and has corporate property in two adjoining counties and an action in trespass is brought in one of said counties the writ of summons may not legally be served by the sheriff of the adjoining county, under the provisions of the Act of April 3, 1903, P. L. 139, where the return does not set forth that the defendant had no office or place of business in actual operation in the county in which the cause of action arose, and that no director or officer was resident in that county.</p> <p>Nor was the service good under the provisions of the Act of March 11, 1856, P. L. 388, for under that act the sheriff of the county in which the action was brought, or a deputy answerable to him, should have gone into the adjoining county and served the writ and made return thereof.</p>