Adkins v. Globe Fire Insurance
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by M. A. Adkins and Nora B. Shoemaker against the Globe Fire Insurance Company. Judgment for plaintiffs. Defendant brings error.
1Opinion
ON REHEARING.
In deference to counsel, I have made, on application for rehearing, further examination as to the service of process in this case. Where a statute allows service in any other mode than by actual personal service, it is called substitutionary or constructive service, and the return must show “on its face all the circumstances which authorize this manner of service” (22 Am. & Eng. Enc. Law, 182); otherwise, judgment by default is null (4 Minor, Inst, [2d Ed.] 533; Id. [3d Ed.] 646). As to corporations, they not being persons, the statute designates officers for service; and the…
2Cases cited16 opinions
- Mahany v. KephartWest Virginia Supreme Court · 1879
- Gates v. TustenSupreme Court of Missouri · 1886
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Capehart v. CunninghamWest Virginia Supreme Court · 1878
- Hughes v. FrumWest Virginia Supreme Court · 1895
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