McNutt v. Bakewell

Citations

• 223 Pa. 364
• 72 A. 639
• 1909 Pa. LEXIS 541

Syllabus

<p>Judgment — Foreign judgment — Service by publication — Assessment on stock.</p> <p>1. A defendant in a foreign judgment recovered in a proceeding to collect an assessment on stock, who has been served only by publication, cannot be sued on such judgment in this state, where it appears that in the foreign statute relating to service by publication, there is no authorization of service by publication in proceedings to enforce the liability of stockholders to creditors, and the statute by its very terms negatives the implication of the consent of stockholders to such a service because of their membership in a corporation.</p> <p>Statute of limitations — Liability—Remedy—Operation in other jurisdictions — Conflict of laws.</p> <p>2. Where a new liability is created by statute to be enforced only within a given period, the time within which suit must be brought operates as a limitation of the liability, and not merely as a limitation of the remedy, and the limitation is operative in any jurisdiction where it is sought to enforce the cause of action.</p>