Hester v. Rasin Fertilizer Co.
Supreme Court of South Carolina
This was an appeal from an order of Judge Izlar, setting aside the service of a summons. It was conceded that defendant was a foreign corporation, and it did not appear in the complaint or otherwise that the cause of action arose in this State.
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This was an appeal from an order of Judge Izlar, setting aside the service of a summons. It was conceded that defendant was a foreign corporation, and it did not appear in the complaint or otherwise that the cause of action arose in this State. The service was made upon one D. L. Roberts, and the question was whether he was a “resident agent” of the defendant, as it was not pretended that he bore any other relation to defendant, such as would sustain the service under section 155 of the Code, as amended by act of 1887. 19 Stat., 835.
1Opinion of the Court
The opinion of the court was delivered on January 6, 1891, by
Mr. Justice McIver.
* * * All of these grounds [of appeal], except the last, seem to raise only a question of fact, as to whether Roberts was the resident agent of the company; and as this seems'to be a case at law, we do not see by what authority we can undertake to review a mere matter of fact. But as the nature of the case is not fully set forth in the record, we have examined the affidavits upon which the Circuit Judge acted, and •we cannot say that he committed any error in concluding that they were not sufficient to show that…
2Cited by8 opinions
- Lipe v. C. C. & O. Railway Co.Supreme Court of South Carolina · 1923
- Bass v. American Products Export & I. Corp.Supreme Court of South Carolina · 1923
- Jenkins v. Penn Bridge Co.Supreme Court of South Carolina · 1906
- McSwain v. Adams Grain & Provision Co.Supreme Court of South Carolina · 1912
- Forbes v. Kingan & Co.Supreme Court of South Carolina · 1934
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