Chicago, Rock Island & Pacific Railway Co. v. Groves
Supreme Court of Oklahoma
Error from the Prohate Court of Beaver County, before Carter Tracey, Probate Judge. STATEMENT OP PACTS. Action by Eliza Groves and Della Ballinger, partners doing business under tbe firm name of Groves & Ball-inger, against tbe Chicago, Rock Island & Pacific Railway company. Judgment for plaintiffs. Defendant brings error.
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Error from the Prohate Court of Beaver County, before Carter Tracey, Probate Judge. STATEMENT OP PACTS. Action by Eliza Groves and Della Ballinger, partners doing business under tbe firm name of Groves & Ball-inger, against tbe Chicago, Rock Island & Pacific Railway company. Judgment for plaintiffs. Defendant brings error. This suit was brought in the probate court of Beaver county by the defendants in error, (plaintiffs below,) to recover damages for the loss of dry goods which the defendant, (plaintiff in error here,) undertook, as a common carrier, to transport from Kansas City, Mo., to…
1Opinion of the Court
Opinion of the court by
Mc^tee, J.:
Sections 68a-c of the Code of Civil Procedure (Statutes Oklahoma 1893,) describe the manner in which summons must be served upon corporations. The service was invalid under either of the first three sections, and, if valid at all, must be under section 68c, which provides that: “If any railroad * * company or corporation fail to designate or appoint such persons as in the preceding section's is provided and required (upon whom service of summons might be had) such process may be served on any local superintendent oí repairs, freight agent, agent to sell…
2Cases cited3 opinions
- Beauchamp v. I. & G. N. R'y Co.Texas Supreme Court · 1882
- Denver, South Park & Pacific R. R. v. PickardSupreme Court of Colorado · 1884
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1874