Wytheville Ins. v. Stultz
Supreme Court of Virginia
Error to judgment of circuit court of Henry county, rendered at the July special term, 1889. The action is trespass on the case in assumpsit against the Wytheville Insurance and Banking Co. by the defendant in error, T. B. Stultz, on a policy of insurance.
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Error to judgment of circuit court of Henry county, rendered at the July special term, 1889. The action is trespass on the case in assumpsit against the Wytheville Insurance and Banking Co. by the defendant in error, T. B. Stultz, on a policy of insurance. At the trial the defendant moved the court to quash the process, because there had been no personal service on the defendant companj7 in any way whatever, and that the order of publication, wbicb was the substituted process resorted to, was insufficient, because the defendant company was a bank; which motion was overruled, and the defendant…
1Opinion of the CourtLacy, J.
The first question we will consider is as to the motion of'the defendant to quash the process in this case, because tbe defendant is a bank, and the statute provides that service of process against a bank shall be upon the president, cashier, treasurer, or any one of its directors. And also, it is there provided that “if the process be against some other corporation, created by this State, or by some other State, or, in any case, if there be not in the county or corporation wherein the case is commenced any other person on whom there can be service as aforesaid, or any agent of the…
2Cases cited5 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Lynchburg Fire Ins. v. WestSupreme Court of Virginia · 1882
- Morrison's Administrator v. Tennessee Marine & Fire InsuranceSupreme Court of Missouri · 1853
- Manhattan Fire Ins. v. Weill & UllmanSupreme Court of Virginia · 1877
3Cited by18 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Insurance Company of North America, Inc. v. U.S. Gypsum Company, Inc.Court of Appeals for the Fourth Circuit · 1989
- Lancashire Insurance v. MonroeCourt of Appeals of Kentucky · 1897
- Metropolitan Life Insurance v. DeVault's AdministratrixSupreme Court of Virginia · 1909
- Hare & Chase, Inc. v. National Surety Co.Court of Appeals for the Second Circuit · 1932
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