Legal Opinion

Whitman County v. United States Fidelity & Guaranty Co.

Washington Supreme Court

Decided April 1, 1908No. 6976PublishedCited by 9 opinions

Appeal from a judgment of the superior court for Whitman county, Chadwick, J., entered March 18, 1907, upon overruling a demurrer to defendant’s plea of want of jurisdiction, dismissing an action upon a surety bond.

1Per curiam

In November, 1901, one Charles G. Raby, who was then county auditor of Whitman county, embezzled of the funds of that county some $1,753. In November, 1904), the county instituted this action in the superior court of Whitman county against Raby and the respondent, who was the surety on Raby’s official bond, to recover the amount so embezzled. At the time of commencing the action, the surety company did not have an office for the transaction of its business in Whitman county, nor did it have an officer, agent or person in that county on-whom service of process could be made, its statutory…

2Cases cited3 opinions

  1. McMaster v. Advance Thresher Co.Washington Supreme Court · 1894
  2. Nesbitt v. Pioche Consolidated Mining & Reduction Co.Nevada Supreme Court · 1894
  3. Hammel v. Fidelity Mutual Aid Ass'nWashington Supreme Court · 1906

3Cited by9 opinions

  1. State ex rel. Martin v. Superior CourtWashington Supreme Court · 1917
  2. State Ex Rel. Seattle National Bank v. JoinerWashington Supreme Court · 1926
  3. State ex rel. Grays Harbor Commercial Co. v. Superior CourtWashington Supreme Court · 1922
  4. Davis-Kaser Co. v. Colonial Fire Underwriters InsuranceWashington Supreme Court · 1916
  5. Lucas v. Luckenbach Steamship Co.Washington Supreme Court · 1927

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