Maryland Casualty Co. v. Bank of Murdock

Epperson, C.

This was an action instituted by the defendant in error, hereafter called plaintiff, against the plaintiff, in error, *315hereafter called defendant, in the district court for Oass county upon a contract of indemnity or policy of insurance against burglary. The process which' the plaintiff relied on was a summons served on the auditor of public accounts. A special appearance was filed by the defendant, which was overruled, and the same objectionable service was alleged in the answer. However, prior to the filing of the answer,' the defendant filed a written offer to confess judgment…