Philp v. Covenant Mutual Benefit Ass'n of Illinois
Supreme Court of Iowa
Appeal from Lee District Court. The plaintiffs, as tbe beirs of John Pliilp, Jr., deceased, on the 12th day of December, 1883, commenced this action to recover of the defendant $2,500, upon a policy of insurance upon the life of the said John Philp.
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Appeal from Lee District Court. The plaintiffs, as tbe beirs of John Pliilp, Jr., deceased, on the 12th day of December, 1883, commenced this action to recover of the defendant $2,500, upon a policy of insurance upon the life of the said John Philp. The return upon the original notice is as follows: “ This notice came to my hand for service on the 12th day of December, 1882, and on the 13th-day of December, 1882, I served the same personally on the within defendant, Covenant Mutual Benefit Associa-, tion of Illinois, by reading and delivering a true copy thereof to C. E. Ilambleton, assistant…
1Opinion of the Court
Day, Ch. J.
One- of the grounds of the motion to set aside the default is that the defendant had not been served as required by law, and the court had no power or authority to entertain jurisdiction and to render judgment. Section 1165 of the Code, with reference to life insurance companies, provides: “Such company shall also appoint an attorney or agent in each county in this state, in which the company has an agency, on whom process of law can be served, and such company shall file with the auditor of state a certified copy of the charter or articles of incorporation of said company, and…
2Cases cited1 opinion
- Farmers' Insurance v. HighsmithSupreme Court of Iowa · 1876
3Cited by3 opinions
- Locke v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Winney v. Sandwich Manufacturing Co.Supreme Court of Iowa · 1892
- McGuire v. Great Northern Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1907