Brown v. Chicago, Milwaukee & St. Path Railway Co.
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Glaspell, J. Action by Margaret Ann Brown against the Chicago, Milwaukee •& St. Paul Railway Company to recover for personal injuries. Ver•dict and judgment for plaintiff, and defendant appeals. Section 3263, and subdivisions 5 and 6, of section 5252, afford ■methods of serving process on a foreign corporation.
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Appeal from District Court, Stutsman County; Glaspell, J. Action by Margaret Ann Brown against the Chicago, Milwaukee •& St. Paul Railway Company to recover for personal injuries. Ver•dict and judgment for plaintiff, and defendant appeals. Section 3263, and subdivisions 5 and 6, of section 5252, afford ■methods of serving process on a foreign corporation. If a foreign corporation has empowered the secretary of state to receive service, then process, if not served upon him, must be served on a managing agent. But the rule is relaxed as to corporations which have not complied with section 3263.…
1Opinion of the CourtCochrane, J.
The defendant, a foreign corporation, appeared specially in this case, and moved to set aside the service of the summons and complaint because W. H. Gross, the person on whom the service was made, was not a managing agent within the meaning of the statute, and consequently, that service upon said Gross was not service upon the defendant corporation. In support of its motion, defendant presented the affidavit of one of its attorneys, setting forth that the only service of summons and complaint in this action was-that made upon W. H. Gross, who, at the date of such service, was-local station…
2Cases cited17 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- Graves v. City of Battle CreekMichigan Supreme Court · 1893
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
- Richmond & Danville Railroad v. ChildressSupreme Court of Georgia · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
- Johnston v. Southern Pacific Co.California Supreme Court · 1907
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
- May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
- Williams v. Chattanooga Iron WorksTennessee Supreme Court · 1915
14 more not listed; retrieve them via the Exa API.