Hancock v. Southern Cotton Oil Co.

Baker, CJ.:

This appeal involves two cases in which the issue for determination is identical and it is agreed by counsel that the decision in the Hancock case shall control the Allen case, and, hence, reference hereafter is to the Hancock case alone.

On September 21, 1946, an action was brought against the appellant, in Chesterfield County, with the service of a summons (complaint not served) on J. Calvin Rivers of Chesterfield, later determined by the lower Court not to be an agent of appellant. Before service and filing of the complaint the appellant served notice upon the respondent that it…