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Janney v. Janney, Appellant.

Courts — Jurisdiction — Preliminary determination — Residence of defendant — Enjoining divorce action — Injunction — Procedural violations — Appellate review — Act of March 5, 1925, P. L. 23.

1. An order discharging a rule, under the Act of March 5, 1925, P. L. 23, for a preliminary determination of the jurisdiction of the court, in a proceeding in equity brought by a wife, a resident of Pennsylvania, to restrain her husband from prosecuting an action against her in the State of Nevada, was affirmed on appeal, where it appeared that, although no personal service was obtained on defendant, at the time of service of the bill his legal residence was within the jurisdiction of the court, and the service made was regular and in accordance with the requirements for serving an absent resident. [134-7]

2. The Act of 1925 deals only with the preliminary determination of jurisdictional questions. [137]

3. In a proceeding under the Act of 1925 to determine preliminarily the jurisdiction of the court, an injunction may not be set aside on the ground of failure of the plaintiff to file the bond required by law in case of an ex parte injunction. [136-7]

Argued May 22, 1944.

PER CURIAM, June 30, 1944:

The order of the court below is affirmed on the opinion of President Judge GORDON, costs to be paid by the appellant.

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JANNEY v. JANNEY
(Jun 30, 1944)