Dale v. Blue Mountain Manufacturing Co.

Citations

• 167 Pa. 402
• 31 A. 633
• 1895 Pa. LEXIS 920

Syllabus

<p>Practice, O. P. — Service of process — Corporations—Act of June 13,1836, sec. 41.</p> <p>Under the act of June 13, 1836, sec. 41, P. L. 579, the person referred to as the “ president or other principal officer” means the chief executive officer of the corporation, though called president, chairman, or by any other title.</p> <p>Under the acts of March 17, 1856, P. L. 388, March 21, 1842, P. L. 145, and March 15, 1847, P. L. 261, the words “ manager” or “ director” are synonymous, and mean one of the body of persons appointed pursuant to the charter or by-laws of the corporation to manage its affairs.</p> <p>In a suit against a corporation the sheriff’s return was as follows:</p> <p>“ Served the Blue Mountain Manufacturing Company, a corporation under the laws of Pennsylvania, by giving, June 22, 1893, a true and attested copy of the within writ to D. B. Fisher, general manager of said company and making known to him the contents thereof.”</p> <p>There was no appearance for the defendant. A judgment was entered against him for want of an affidavit of defense. Held, the judgment was void and should be stricken off..</p>