Lewisburg Bridge Co. v. County of Union

Citations

• 232 Pa. 255
• 81 A. 324
• 1911 Pa. LEXIS 712

Syllabus

<p>Jurisdiction — Subject-matter of suit — Statutory remedy — Viewers—Intercounty bridges — Franchises—Condemnation.</p> <p>1. Objections to the jurisdiction are of two classes, between which there is a clear and well-defined distinction; first, those relating to the authority of the court over the subject-matter, and secondly, those relating to its authority over the parties. Objections of the first class cannot be waived or jurisdiction obtained by acquiescence.</p> <p>2. Section 13 of the Act of March 21, 1806, 4 Sm. L. 326, which provides: “In all cases where a remedy is provided, or duty enjoined or anything directed to be done by any Act or Acts of Assembly . . . ., the directions of the said Acts shall be strictly pursued; no penalty shall be inflicted, or anything done agreeably to the provisions of the common law in such cases further than shall be necessary for carrying such Act or Acts into effect,” applies to ordinary civil suits, and where the controlling act of assembly provides a special remedy, such remedy must be pursued.</p> <p>3. The plaintiff, a bridge company, owned a bridge erected to take the place of a destroyed bridge under the special Acts of March 23, 1865, P. L. 602, and February 19,1868, P. L. 177, the ninth section of the latter providing: “All property and franchises held by the said company at the site of the old bridge shall continue to be held in the same manner as if the bridge had been re-erected.” The latter bridge was located about 500 feet north of the old bridge, part of the abutments and the tollhouse of which remained. Subsequently the two counties whose boundary line was the river constructed a free bridge at the site of the old bridge, in the construction of which there was used stone from the abutments of the former bridge. It also appeared that the contractor caused the old tollhouse to be broken into, and at a later date, the building was put up at public auction by the county commissioners and sold. The parties were un