Meixell v. American Motor Car Sales Co.
Indiana Supreme Court
From Superior Court of Marion County (81,682) ; Clarence E. Weir, Judge. Action by Benjamin Meixell and another against the American Motor Car Sales Company. From a judgment for defendant, the plaintiffs appeal. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)
1Opinion of the CourtMyers, J.
Appellants sued appellee June 17, 1907, for an alleged breach of a contract executed in Indiana. Summons was served by the sheriff of Marion County on one Willys, as the agent appointed by appellee, a nonresident corporation on whom service of summons might be made. Appellee pleaded to the jurisdiction by plea in abatement. A demurrer for want of facts to abate the action was overruled; appellants declined to plead further and judgment was rendered abating the action. The ruling on the demurrer is the sole question presented.
The question presented by the plea is, Gan a foreign corporation…
2Cases cited33 opinions
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
- Hunter v. Mutual Reserve Life InsuranceSupreme Court of the United States · 1910
- State ex rel. Williams v. EllisIndiana Supreme Court · 1916
- Memphis & Cincinnati Packet Co. v. PikeyIndiana Supreme Court · 1895
- Woodward v. . Mutual Reserve Life Ins. Co.New York Court of Appeals · 1904
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3Cited by10 opinions
- Green v. Robertshaw-Fulton Controls CompanyDistrict Court, S.D. Indiana · 1962
- Consolidated Flour Mills Co. v. MueggeSupreme Court of Oklahoma · 1927
- Kaw Boiler Works v. FrymyerSupreme Court of Oklahoma · 1924
- Frazier v. Steel & Tube Co. of AmericaWest Virginia Supreme Court · 1926
- Society Milion Athena, Inc. v. Natlional Bank of GreeceNew York Supreme Court · 1937
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