Appeal, No. 21, March T., 1953, from order of Court of Common Pleas of Armstrong County, June T., 1952, No. 297, in case of Jean M. Crane v. Radford R. Crane and Eljer Company. Order affirmed; reargument refused March 24, 1953.
W. Davis Graham, for appellant.
William J. Kenney, for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Arnold, JJ.
OPINION BY MR. CHIEF JUSTICE HORACE STERN
The issue here is one of jurisdiction.
Plaintiff, Jean M. Crane, a resident of Armstrong County, brought a bill of complaint in that county against her husband, Radford R. Crane, and Eljer Company, a corporation incorporated under the laws of the Commonwealth of Pennsylvania, with its principal office in Armstrong County. The bill alleged that her husband had separated himself from her without reasonable cause and was now living in Miami, Florida;
that he has refused and neglected to contribute to her maintenance and has fled from the Commonwealth for the purpose of evading his obligation to support her; that he has property within the jurisdiction of the court consisting of (a) approximately $16,000 on deposit in a bank in Kittanning; (b) real property situate in Kittanning, the title to which is held by them as tenants by the entireties; (c) a large number of shares of stock of Eljer Company, the certificates evidencing the ownership of this stock being in their names jointly; (d) dividends declared upon the stock but remaining unpaid by the Company.
The prayer of the bill was that the Eljer Company be enjoined from distributing any portion of the stock or paying out the accumulated dividends in which her husband has an interest until his liability for her support is determined by decree of the court; that the court fix the amount of money to which plaintiff is entitled for past and future maintenance; and that the court decree the seizure, sale or mortgage of the real estate and make such order for payment from the personal property as may be required to provide the necessary funds for her maintenance.
The court made an order that the defendant husband be served with a copy of the bill of complaint at Miami or wherever he may be found; whether or not such service has been made does not appear in the record. The Eljer Company filed a petition raising a question of jurisdiction under the Act of March 5, 1925, P.L. 23, contending that jurisdiction as to it depends upon the situs of its stock and the dividends declared thereon, and that any interest or right of the husband in such stock and dividends has its situs only where he resides; it ...