Kreidler v. Leslie

Philadelphia County Court of Common Pleas

Kreidler v. Leslie

14 Pa. D. & C. 421, 1930 Pa. Dist. & Cnty. Dec. LEXIS 366

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedJuly 17, 1930

DocketNo. 2682

StatusPublished

This text of 14 Pa. D. & C. 421 (Kreidler v. Leslie) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kreidler v. Leslie, 14 Pa. D. & C. 421, 1930 Pa. Dist. & Cnty. Dec. LEXIS 366 (Pa. Super. Ct. 1930).

Pincite

Opinion

Alessandroni, J.,

—

The undenied petition of the defendant recites that he was served with a summons in trespass at 5th and Walnut Streets, Reading, Pennsylvania, by a deputy sheriff of Berks County who was deputized by the Sheriff of Philadelphia, and that this action of trespass resulted from an automobile collision which took place in Berks County. The defendant is a resident of Allentown, Pennsylvania.

Under this statement of facts service of the summons in trespass should be set aside. There is no authority in this state for the service of a summons in trespass outside of the county in which it was issued, when the automobile accident which forms the basis of the action also took place outside of the county in which the suit was started.

And now, to wit, July 17, 1930, the rule to set aside service of summons is made absolute.

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Alessandroni, J.,

—

The undenied petition of the defendant recites that he was served with a summons in trespass at 5th and Walnut Streets, Reading, Pennsylvania, by a deputy sheriff of Berks County who was deputized by the Sheriff of Philadelphia, and that this action of trespass resulted from an automobile collision which took place in Berks County. The defendant is a resident of Allentown, Pennsylvania.

Under this statement of facts service of the summons in trespass should be set aside. There is no authority in this state for the service of a summons in trespass outside of the county in which it was issued, when the automobile accident which forms the basis of the action also took place outside of the county in which the suit was started.

And now, to wit, July 17, 1930, the rule to set aside service of summons is made absolute.

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Bluebook (online)

14 Pa. D. & C. 421, 1930 Pa. Dist. & Cnty. Dec. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kreidler-v-leslie-pactcomplphilad-1930.