· 10/1/1987
Schmitt v. Seaspray-Sharkline, Inc.
Citations
- 531 A.2d 801
- 366 Pa. Super. 528
- 1987 Pa. Super. LEXIS 9424
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the trial court must resolve a disputed factual issue raised by a preliminary objection “through interrogatories, depositions, or an evidentiary hearing”
- explaining that “if an issue of fact is raised, the court shall take evidence by deposition or otherwise,” and remanding for the lower court to determine the contested issue of fact by “take[ing] evidence by depositions, interrogatories[,] or an evidentiary hearing.”
- a travers, set-off or counterclaim is not considered a true affirmative defense under Pennsylvania pleading
- stating law requires more than mere objection to personal jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Rowley, Johnson, Montgomery
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.