Sadler v. Mobile Life Insurance
Mississippi Supreme Court
Appeal and Cross-Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chaiicellor. This ease was before this court at the April term, 1882, and is reported in 59 Miss. After it was reversed and remanded, upon that appeal of Prairie Lodge, the garnishee, the insurance company, filed a petition to vacate the decree upon the policy on which the garnishment decree was founded, and alleged as the reason that process was not served on the insurance company’s agents.
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Appeal and Cross-Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chaiicellor. This ease was before this court at the April term, 1882, and is reported in 59 Miss. After it was reversed and remanded, upon that appeal of Prairie Lodge, the garnishee, the insurance company, filed a petition to vacate the decree upon the policy on which the garnishment decree was founded, and alleged as the reason that process was not served on the insurance company’s agents. Amotion to dismiss the petition and a demurrer thereto were successively overruled, and after answer and proof, the…
1Opinion of the CourtCooper, J.
The chancellor erred in deciding under the facts shown by *394the testimony that Gattman & Co. were not, at the time of the service of the process, agents of the insurance company.
The effect of our statutes on the subject of foreign insurance companies, sects. 1073,1085, and 1087, is to prohibit the transaction of any business of insurance by such companies in this State without the appointment by them of agents resident here, upon whom service of process against the corporation can be made, and to fix the character of such agent upon any person, who in this State collects or remits, for a person…
2Cited by4 opinions
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- Cowan v. London Assurance Corp.Mississippi Supreme Court · 1895
- Pervangher v. Union Casualty & Surety Co.Mississippi Supreme Court · 1902