Orgler v. Kapil

Columbia County Court of Common Pleas

Orgler v. Kapil

6 Pa. D. & C.3d 241, 1978 Pa. Dist. & Cnty. Dec. LEXIS 327

CourtPennsylvania Court of Common Pleas, Columbia County

DecidedMay 17, 1978

Docketno. 95-1978

StatusPublished

This text of 6 Pa. D. & C.3d 241 (Orgler v. Kapil) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Columbia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Orgler v. Kapil, 6 Pa. D. & C.3d 241, 1978 Pa. Dist. & Cnty. Dec. LEXIS 327 (Pa. Super. Ct. 1978).

Pincite

Opinion

MYERS, P.J.,

A verdict in favor of plaintiff was entered by a district justice in magisterial district 26-3-1.

Defendants filed a praecipe for writ of certiorari, in which they allege improper venue.

Plaintiff subsequently filed a petition to quash the writ, which is the matter now before the court for disposition.

Plaintiff contends that defendants waived the venue issue, because they appeared at the hearing, but failed to produce testimony on the venue question. However, appearance of a defendant at a hearing before a district justice does not constitute a waiver of a defect in venue: Pa.R.C.P. J.P. 314(c).

Hence, defendants are entitled to raise the venue question by means of a writ of certiorari.

The motion to quash the writ must therefore be dismissed.

ORDER

And now, May 17, 1978, plaintiffs motion to quash defendants’ writ of certiorari is denied.

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