Legal Opinion

Sullivan v. LaCrosse & Minnesota Steam Packet Co.

Supreme Court of Minnesota

Decided July 15, 1865PublishedCited by 4 opinions

This action was brought in the District Court of Dakota county.. The only service of the summons was by the Sheriff of Ramsey county, whose return is as follows:. “I certify and return that I have on the 3d day of May, A. D. 1865, served the within named summons on the within named LaCrosse and Minnesota Steam Packet Company, by delivering personally to William F. Davidson, the president and general agent of the within named defendant, a true and correct copy thereof in my…

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This action was brought in the District Court of Dakota county.. The only service of the summons was by the Sheriff of Ramsey county, whose return is as follows:. “I certify and return that I have on the 3d day of May, A. D. 1865, served the within named summons on the within named LaCrosse and Minnesota Steam Packet Company, by delivering personally to William F. Davidson, the president and general agent of the within named defendant, a true and correct copy thereof in my county.” It is alleged in the complaint that “ the defendant is and ever since the first day of August, 1864, has been a…

1Opinion of the Court

By the Court —

Wilson, C. J.

— It is admitted that the defendant is a foreign corporation.

The Sheriff of Ramsey County who served the summons, returns that he made the service on the 3d day of May, 1865, “by delivering to William F. Davidson, the president and general agent of the within named defendant, a true and correct copy thereof,” in Ramsey County.

The first question raised is whether this service was authorized by law and gave the Court jurisdiction of the defendant.

At common law, process can only be served on a defendant, whether a natural person or a body corporate, within the State in…

2Cases cited5 opinions

  1. Kilburn v. WoodworthNew York Supreme Court · 1809
  2. Middlebrooks v. Springfield Fire Insurance Co.Supreme Court of Connecticut · 1841
  3. Nash v. Rector, Churchwardens & Vestrymen of the Evangelical Lutheran Church, Pennsylvania Court of Common Pleas, Philadelphia County1835
  4. Skipwith v. HillMassachusetts Supreme Judicial Court · 1806
  5. Karns v. KunkleSupreme Court of Minnesota · 1858

3Cited by4 opinions

  1. People v. EvansIllinois Supreme Court · 1914
  2. Nelson v. Deming Inv. Co.Supreme Court of Oklahoma · 1908
  3. Donnersberger v. People ex rel. BennettIllinois Supreme Court · 1920
  4. Sautter v. Atlantic & Pacific Tea Co., New York County Courts1915

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