Julius King Optical Co. v. Royal Insurance

Citations

• 24 Pa. Super. 527
• 1904 Pa. Super. LEXIS 227

Syllabus

<p>Corporations — Foreign corporations — Registration—Doing business — Act of April 22, 1874.</p> <p>A foreign corporation which owns personal property in Pennsylvania may maintain an action in the courts of Pennsylvania to recover such property, although it may not have complied with the registration act of April 22, 1874. The person retaining the property and having no contract relations with the corporation, has no standing to object that the corporation is doing business in this state without having complied with the act.</p> <p>Practice, C. P. — Money paid into court — Issue to determine ownership of fund — Feigned issue.</p> <p>On the trial of a feigned issue to determine the ownership of a fund paid into court, it is error to permit a verdict and judgment to be entered against the defendant for a stated sum. The verdict and judgment should be for the plaintiff generally.</p> <p>Attachment execution — Costs—Attorney’s fees — Justice of the peace.</p> <p>The Acts of April 22, 1863, P. L. 527, June 11, 1885, P. L. 107, and April 29, 1891, P. L. 35, allowing costs to garnishees in attachment executions “ issued out of any court of record in this state,” do not apply to writs of attachment issued by justices of the peace, aldermen and magistrates.</p> <p>Where a garnishee appeals from a judgment of a justice of the peace, and the court permits the garnishee to pay the fund into court less certain fees and costs taxed by the court at an amount stated, the plaintiff may after verdict and judgment in his favor object to the taxation of the costs.</p>