Ben Franklin Coal Co. v. Pennsylvania Water Co.

Citations

• 25 Pa. Super. 628
• 1904 Pa. Super. LEXIS 128

Syllabus

<p>Practice, C. P. — Service of process — Summons—Corporations—Act of July 9,1901, P. L. 614, sec. 2, clause e — Appeals.</p> <p>A sheriff’s return of service on a corporation was as follows : “ January 13, 1903, served personally the within writ on the defendant company at its office in the borough of Leechburg, Pa., by handing a true and attested copy thereof to J. S. Patterson, superintendent of said company, then in charge of said office, and the said J. S. Patterson was informed of the contents of said writ. It being ascertained upon inquiry from him that none of the executive officers of said company reside in the county of Armstrong. So answers W. C. Bailey, sheriff.” Held, (1) that the return was good on its face under clause e, sec. 2, of the Act of July 9, 1901, P. L. 614 ; (2) that the return being good on its face could not be set aside on extraneous evidence ; (3) that an order setting aside such a return was a final order from which an appeal would lie.</p>