Western Union Telegraph Co. v. Claymore
Supreme Court of Colorado
Error to the District Qowrt, Larimer County. Claymore brought his action in Larimer district court, and directed process to Arapahoe. Service was then had upon an agent, and the return shows that the president of the corporation was not found in that county. No process issued to Larimer county.
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Error to the District Qowrt, Larimer County. Claymore brought his action in Larimer district court, and directed process to Arapahoe. Service was then had upon an agent, and the return shows that the president of the corporation was not found in that county. No process issued to Larimer county. At the return term, the defendant interposed a motion to quash the summons, assigning for ground thereof, that service was not had in Larimer; which motion being overruled, the defendant reserved an exception, and submitted to a default. The plaintiff in this court assigned for error, the overruling of…
1Opinion of the CourtWells, J.
Section 1 of the practice act (R. S. ch. LXX), prescribes the form of process, and directs when it shall be returnable. The second section of the same statute declares that “It shall not be lawful for any plaintiff to sue a defendant out of the county where the latter resides or may be found, except in cases where the debt, contract or cause of action accrued in the county of the plaintiff, or where the contract may have been specifically made payable, when it shall be lawful to sue in such county, and process may issue against the defendant to the sheriff of the county where such defendant…
2Cases cited1 opinion
- Stephenson Insurance v. DunnIllinois Supreme Court · 1867