McClearen v. United States Fidelity & Guaranty Co.

The summons issued from the circuit court of Davidson county cited the defendants to appear and answer plaintiff in an action of damages. The sheriff’s return showed that Taylor Denton was not found in Davidson county. No counterpart was issued. Service of process against the United States Fidelity & Guaranty Company was accepted by the commissioner of insurance. The last-named defendant pleaded in abatement (1) that under the Code of 1932 the commissioner of insurance was without authority to accept service of process against foreign insurance companies and his acceptance was insufficient to…