Nobili v. Alaska Gastineau Mining Co.
District Court, D. Alaska
This suit is against the Alaska Gastineau Mining Company, a foreign corporation. Service of process was made by delivering a duly certified copy of the summons and complaint to one R. C. Hurley. The corporation appeared specially and moved to quash the service. The record shows the following facts concerning the service: (1) The defendant corporation has no president, or other head, secretary, or cashier in the district.
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This suit is against the Alaska Gastineau Mining Company, a foreign corporation. Service of process was made by delivering a duly certified copy of the summons and complaint to one R. C. Hurley. The corporation appeared specially and moved to quash the service. The record shows the following facts concerning the service: (1) The defendant corporation has no president, or other head, secretary, or cashier in the district. (2) The defendant corporation has a managing agent in the district, to wit, B. L,. Thane, and said Thane is also statutory agent upon whom service may be made. Said B. L,.…
1Opinion of the Court
JENNINGS, District Judge.
In considering the’ matter of the service of the summons here, it may” be conceded, as contended for by movant, that delivery of summons and complaint may be made upon a mere clerk of 'the corporation in those cases only where none of the superior officers named in the statute is found or resides or has an office in the district; and we may dismiss from consideration any question of the delivery of the process to the president, or other head, secretary, or cashier, because, by the admitted facts, there were no such officers of the defendant corporation in Alaska; so…
2Cases cited2 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- State Life Ins. Co. v. Okla. City Nat. BankSupreme Court of Oklahoma · 1908