Legal Opinion

Duke v. Pioneer Mining & Ditch Co.

District Court, W.D. Washington

Decided May 17, 1922No. 3430PublishedCited by 5 opinions

At Raw. Action by John P. Duke, Supervisor of Banking of the State of Washington, in charge of liquidation of the Scandinavian-American Bank of Tacoma, against the Pioneer Mining & Ditch Company. On motion by defendant to quash service of summons.

1Opinion of the Court

CUSHMAN, District Judge.

[1] Defendant moves to quash service of summons. The general statute of the state of Washington concerning service of such process provides:

“The summons shall be served by delivering a copy thereof, as follows: * * *
“9. If the suit he against a foreign corporation or nonresident joint stock company or association doing business within this state, to any agent, cashier or secretary thereof.”

Item. & Bal. Code, § 226.

The affidavits show the defendant to be a corporation of Nevada, ‘principally engaged in mining in Alaska. Defendant has no mines, keeps up no office or…

2Cases cited12 opinions

  1. St. Clair v. CoxSupreme Court of the United States · 1882
  2. Flexner v. FarsonSupreme Court of the United States · 1919
  3. Smolik v. Philadelphia & Heading Coal & Iron Co.District Court, S.D. New York · 1915
  4. Doe v. Springfield Boiler & Mfg. Co.Court of Appeals for the Ninth Circuit · 1900
  5. Premo Specialty Mfg. Co. v. Jersey-Creme Co.Court of Appeals for the Ninth Circuit · 1912

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Zimmers v. Dodge BrothersDistrict Court, N.D. Illinois · 1927
  2. Favell-Utley Realty Co. v. Harbor Plywood Corp.District Court, N.D. California · 1950
  3. Johnson v. Atlantic & Pacific Fisheries Co.Washington Supreme Court · 1924
  4. United States v. Pacific Forwarding Co.District Court, W.D. Washington · 1934
  5. In Re Wallace's EstateWashington Supreme Court · 1931

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