Opinion

Chemical Natural Resources, Inc. v. Republic of Venezuela

  • 420 Pa. 134
  • 215 A.2d 864
  • 25 A.L.R. 3d 283
  • 1966 Pa. LEXIS 750
Court
Supreme Court of Pennsylvania
Filed
Jan 4, 1966
Status
Published
Author
Cohen
On the bench
Bell, Brien, Cohen, Eagen, Jones, Musmanno, Roberts
Cited by
7 cases

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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