Mars v. Oro Fino Min. Co.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to determine the right to the possession of a mine. Defendants had judgment and plaintiffs appeal. The facts are stated in the opinion. Service upon the agent of a foreign corporation, who is agent in the very transaction out of which the suit arises, is sufficient. Estes V. Belford, 22 Fed. 275; Merchants v. Railroad, 13 Id. 358; Moch v. Ins.
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Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to determine the right to the possession of a mine. Defendants had judgment and plaintiffs appeal. The facts are stated in the opinion. Service upon the agent of a foreign corporation, who is agent in the very transaction out of which the suit arises, is sufficient. Estes V. Belford, 22 Fed. 275; Merchants v. Railroad, 13 Id. 358; Moch v. Ins. Co., 10 Id. 696; Berlin v. Norton, 17 Atl. 1079; 22 Am. Ency. Law 129; 2 Morowetz Corp. 980. Service upon managing agent is sufficient. Barrett v. Tel. Co., 10 N. Y. Sup.…
1Opinion of the CourtCorson, P. J.
This was an action commenced by the plaintiffs against the defendant to determine the question of the right of possession to a part of a mining claim for which the defendent was seeking to obtain a patent, and is what is known in the mining regions as an “adverse suit.” Judgment dismissing the action, and plaintiffs -appeal.
The return of the sheriff as to the service of summons is as follows: £‘I, Edward McDonald, sheriff of Lawrence county, do hereby certify and return that the annexed summons and complaint, came into my hands for service on the 12th day of June, 1891, and that I served the…
2Cases cited13 opinions
- Burdette v. CorganSupreme Court of Kansas · 1881
- Belknap v. CharltonOregon Supreme Court · 1893
- Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
- Blackburn v. SweetWisconsin Supreme Court · 1875
- Bucklin v. StricklerNebraska Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brewster v. FC Russell CompanySouth Dakota Supreme Court · 1959
- Batson & Hatten Lumber Co. v. McDowellMississippi Supreme Court · 1931
- Robinson v. GloverSouth Dakota Supreme Court · 1932
- Christiernson v. Hendrie & Bolthoff Mfg. & Supply Co.South Dakota Supreme Court · 1910
- Reedy v. HowardSouth Dakota Supreme Court · 1898
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