Heckscher v. City of Philadelphia
This text of 9 A. 281 (Heckscher v. City of Philadelphia) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is well-settled law in Pennsylvania, that a municipal corporation can be sued only in the courts of the county where it is situated. Oil City v. McAboy, 74 Pa. 249.
An action against such a corporation is not transitory, but local. Lehigh Co. v. Kleckner, 5 Watts & S. 181.
Whether the action be on a contract or for a tort the rule is the same. Potts v. Pittsburgh, 14 W. N. C. 38.
The writ in this case was improperly served, and the court committed no error in setting aside the service thereof. No act [352]*352of the defendant operated as a waiver of the defective service.
Judgment affirmed.
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Cite This Page — Counsel Stack
9 A. 281, 6 Sadler 346, 20 Week. No. 52, 1887 Pa. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heckscher-v-city-of-philadelphia-pa-1887.