Legal Opinion

North American Union v. Oliphint

Supreme Court of Arkansas

Decided December 22, 1919PublishedCited by 6 opinions

Appeal from Pulaski Cireuit Court, Third Division; G. W. Hemlrichs, Judge;. 1. Proper service was not had on appellant. Sec. 17, act 462, Acts 1917; 69 Ark. 429-396. The summons was served upon the State Insurance Commissioner and J. L. Hawkins, an alleged collector for defendant, but not an agent for service. 69 Ark. 429, 396; 251 Fed. 171; 251 Id. 71. The doctrine of estoppel does not apply here. 1 Herman on Estoppel, p. 14; 218 U. S. 573. Defendant was not doing business…

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Appeal from Pulaski Cireuit Court, Third Division; G. W. Hemlrichs, Judge;. 1. Proper service was not had on appellant. Sec. 17, act 462, Acts 1917; 69 Ark. 429-396. The summons was served upon the State Insurance Commissioner and J. L. Hawkins, an alleged collector for defendant, but not an agent for service. 69 Ark. 429, 396; 251 Fed. 171; 251 Id. 71. The doctrine of estoppel does not apply here. 1 Herman on Estoppel, p. 14; 218 U. S. 573. Defendant was not doing business in Arkansas nor engaged in business in the State. 177 U. S. 28-45; 204 Id. 21-22; 218 Id. 573. 2. The court erred in…

1Opinion of the CourtHumphreys, J.

Appellee instituted suit against appellant in the Third Division of the Pulaski Circuit Court to recover $800 on account of alleged services rendered by him to appellant from September 1, 1917, to May 1,1918, for tbe stipulated amount of $100 per month, and on a second count in tbe complaint claimed tbe same amount upon a quantum meruit for services rendered during said period.

Appellant, specially appearing, filed a motion to quasb tbe service upon the ground, among others, that it was a foreign corporation, incorporated under tbe laws of Illinois, to do a fraternal insurance business, and…

2Cases cited5 opinions

  1. Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
  2. Mutual Reserve Fund Life Assn. v. PhelpsSupreme Court of the United States · 1903
  3. Ehrman v. Teutonia Ins.District Court, E.D. Arkansas · 1880
  4. Vulcan Construction Co. v. HarrisonSupreme Court of Arkansas · 1910
  5. Masons' Fraternal Accident Ass'n v. RileySupreme Court of Arkansas · 1895

3Cited by6 opinions

  1. J. C. Engleman, Inc. v. BriscoeSupreme Court of Arkansas · 1927
  2. Bankers' Fire Insurance v. WilliamsSupreme Court of Arkansas · 1928
  3. North American Union v. JohnsonSupreme Court of Arkansas · 1920
  4. Babcock v. Bancamerica-Blair Corp.Supreme Court of Minnesota · 1942
  5. Doing Business, Pennsylvania Department of Justice1960

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