Densel v. Atlanta Mercantile Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Edward A. Walters, Judge. Action to recover for money loaned. Judgment for plaintiff. Service of summons on the corporation must be made on some person designated by the statutes, or, to bind a corporation, the service of process must be made upon the identical agent provided by the statutes. (Applington v. G. V. B. Min. Co., 6 Ida. 216, 55 Pac. 241; Aiken v. Mariposa Min.
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APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Edward A. Walters, Judge. Action to recover for money loaned. Judgment for plaintiff. Service of summons on the corporation must be made on some person designated by the statutes, or, to bind a corporation, the service of process must be made upon the identical agent provided by the statutes. (Applington v. G. V. B. Min. Co., 6 Ida. 216, 55 Pac. 241; Aiken v. Mariposa Min. Co., 6 Cal. 186; O’Brien v. Shaws Flat. etc. Co., 10 Cal. 343; Great West Min. Co. v. Mining Co., 12 Colo. 46, 13' Am. St. 204, 20 Pac.…
1Opinion of the CourtSullivan, C. J.
— This action was brought to recover money alleged to bave been loaned. Judgment was entered against tbe defendant by default for $822.65 with interest and costs of suit. Tbe appeal is from tbat default judgment' on the judgment-roll alone.
Appellant’s contention is tbat tbe judgment-roll contains no evidence tbat tbe summons in tbe action was served on tbe defendant corporation. Tbe service of tbe summons was made by one Cy. V. Smith, and bis affidavit of service is as follows:
“Cy. V. Smith, being duly sworn, deposes and says: Tbat be is, and at all times mentioned herein was over tbe age of…
2Cases cited5 opinions
- Coler v. Pittsburgh Bridge Co.New York Court of Appeals · 1895
- Persons v. Buffalo City MillsAppellate Division of the Supreme Court of the State of New York · 1898
- Brun v. Northwestern Realty Co.Appellate Terms of the Supreme Court of New York · 1907
- Persons v. Buffalo City Mills, Ltd.Appellate Division of the Supreme Court of the State of New York · 1898
- Rudd v. McClean Arms & Ordnance Co.New York Supreme Court · 1907
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- State Bd. of Medical Examiners v. WeinerNew Jersey Superior Court Appellate Division · 1961
- Arizona Mutual Auto Insurance v. Bisbee Auto Co.Arizona Supreme Court · 1921
- Galler v. SlurzbergNew Jersey Superior Court Appellate Division · 1953
- Camden Plaza Parking, Inc. v. City of CamdenSupreme Court of New Jersey · 1954
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