Fowler v. Continental Casualty Co.
New Mexico Supreme Court
Appeal from the District Court, Bernalillo County. Service was illegal and the court acquired no jurisdiction over the defendant by reason thereof. Chap. 48, sec. 4, laws 1909; New River Mineral Co. v. Seeley, 120 Fed,. 202; Insurance Co. v. Bangs, 103 IJ. S. 435; Staunton Perpetual B. & L. Co. v. Haden, 92 Ya. 201; Settlemier v. Sullivan, 97 H. S. 444; Godfrey v. Yalentine, 12 Am.
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Appeal from the District Court, Bernalillo County. Service was illegal and the court acquired no jurisdiction over the defendant by reason thereof. Chap. 48, sec. 4, laws 1909; New River Mineral Co. v. Seeley, 120 Fed,. 202; Insurance Co. v. Bangs, 103 IJ. S. 435; Staunton Perpetual B. & L. Co. v. Haden, 92 Ya. 201; Settlemier v. Sullivan, 97 H. S. 444; Godfrey v. Yalentine, 12 Am. St. Eep. 657; Gray v. Hawes, 8 Cal. 562; Shaw v. How-land, 32 Kas. 154; Boals v. Shules, 29 la. 507; Briggs v. Sneghan, 45 Ind. 14; State v. Cohen, 13 S. C. 198; Moore v. Watkins, 1 Ark. 268. Superintendent of…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
Error is assigned as follows: (1) That the service was illegal and the court acquired no jurisdiction over the defendant by reason thereof.
This assignment challenges the proof of service for failure to show technical compliance with our statute governing service upon foreign insurance companies.
It is not contended that no service was made and does appear that the defendant company considered that it had been duly served with summons in this cause.
After the default judgment had been entered in this case the defendant moved to set it aside pleading grounds of…
2Cases cited11 opinions
- Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
- Ziska v. AveySupreme Court of Oklahoma · 1912
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Gilbert-Arnold Land Co. v. O'HareWisconsin Supreme Court · 1896
- Coad v. CoadWisconsin Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hammond v. 8th Jud. Dist. Ct., N.M.New Mexico Supreme Court · 1924
- Crowell v. KoppNew Mexico Supreme Court · 1919
- Guthrie v. Threlkeld Co.New Mexico Supreme Court · 1948
- Dailey v. FosterNew Mexico Supreme Court · 1912
- Hinderager v. MacGinnissMontana Supreme Court · 1921
8 more not listed; retrieve them via the Exa API.