Supreme Court of Pennsylvania, 1887

Heckscher v. City of Philadelphia

Supreme Court of Pennsylvania · Decided May 2, 1887 · No. 225 · Clark, Gordon, Green, Merour, Trunkey

6 Sadler 346; 20 Week. No. 52; 9 A. 281; 1887 Pa. LEXIS 619

Cases that cite this one

9 later published cases cite this decision.

Peaceman v. Cades (Pa. Super. Ct. 1979)
Oklahoma City v. District Court (Okla. 1934)
Danchison v. Ryon (Schuylkill County Court of Common Pleas 1954)
City of Corpus Christi v. Coffin (Tex. App. 1930)
City of Mineral Wells v. Acme Brick Co. (Tex. App. 1924)
State ex rel. King County v. Superior Court (Wash. 1918)
Piercy v. Johnson City (Tenn. 1914)
State ex rel. Johnson v. District Court (Minn. 1913)
City of North Yakima ex rel. Whitson v. Superior Court (Wash. 1892)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam:

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 *352of the defendant operated as a waiver of the defective service.

Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.