Masons' Fraternal Accident Ass'n v. Riley
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment by default, in the Jefferson county circuit court, against the appellee, a mutual aid association, incorporated in the State of Massachusetts. The summons issued upon the complaint was directed to the sheriff of Pulaski county, and was served by him in said county of Pulaski upon C. B. Mills, the auditor of the State.
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment by default, in the Jefferson county circuit court, against the appellee, a mutual aid association, incorporated in the State of Massachusetts. The summons issued upon the complaint was directed to the sheriff of Pulaski county, and was served by him in said county of Pulaski upon C. B. Mills, the auditor of the State. The complaint alleged, and the circuit court found, that the appellant was a foreign corporation doing business in this State when the policy upon which this…
1Opinion of the CourtHughes, J.
1. Service on auditor binds foreign insurance company. (after stating the facts.) Assuming for the purpose of this opinion that the court’s, finding of facts was correct, then “that the stipulation was not, in fact, filed with the auditor is of no consequence, if the company has done those things which imposed upon it the obligation and duty to file it. The law deduces the agreement on the part of the company to answer in the courts of this State, on service made upon the auditor, from the fact of its doing business in the State.” And this is conclusive, and cannot be disputed. Ehrman v.…
2Cited by1 opinion
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