Carp v. Ætna Accident & Liability Co.

Citations

• 263 Pa. 87

Syllabus

<p>Practice, C. P. — Service of process — Foreign insurance company —Corporations—Insurance—Constitutional law — Sheriff’s return— Act of June 1,1911, P. L. 607, 611.</p> <p>1. The Act of June 1, 1911, P. L. 614, does not provide that process against a foreign insurance company can be only served upon the insurance commissioner.</p> <p>2. If it did it would violate Art. XVI, Sec. 5, of the Constitution of the State.</p> <p>3. Where an act of assembly is reasonably capable of two constructions, one of which would make it unconstitutional, the other construction must be adopted.</p> <p>4. Under Article XVI, Section 5, of the Constitution, foreign corporations must have an authorizéd agent, upon whom process may he served, at every place in the Commonwealth where it carries on business.</p> <p>5. A sheriff’s return of service' cannot be contradicted.</p> <p>Judgment — Opening judgments — Pleadings.</p> <p>6. Upon a petition to open or set aside a judgment, ordinarily only such questions will be considered as are raised by the pleadings ; and this applies to the record on appeal.</p> <p>7. Where the averments of a petition are denied in the answer, evidence is required to overcome .the effect of the answer.</p> <p>Appeals — Striking off judgments — Act of May 20,1891, P. L. 101.</p> <p>8. The decision of a lower court “opening, vacating or striking off” a judgment, is reviewable by either the Supreme or Superior Court, under the provisions of the Act of May 20,1891, P. L. 101.</p>