“Sovereign immunity is in the nature of an affirmative defense; (a) it does not go to jurisdiction and (b) it can be waived.”
How later courts described this case
- “Sovereign immunity is in the nature of an affirmative defense; (a) it does not go to jurisdiction and (b) it can be waived.”
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Mr. Justice Cohen :
I think the majority commits error by granting the writ of prohibition. There is no valid reason or necessity for such a procedure, particularly since an appeal pursuant to the Act of March 5, 1925, P. L. 23 (12 P.S. §672 et seq.) was taken and properly raised the question of jurisdiction.
I would determine this matter within the framework of that appeal.
I dissent.