Imperial Building Co. v. Cook

This is a writ of error bringing before us for review a judgment by default.

The only question is as to the sufficiency of the sheriff’s return upon the summons, as follows: “ Served this writ on the within named, The Imperial Building Company, by delivering a copy thereof to F. S. Fames, vice-president of said company, the 19th day of June, 1890. The president not found in my county.

Canute R. Matson, Sheriff,

By W. A. Johnson, Deputy.”

The statute provides: “An incorporated company may be served with process by leaving a copy thereof with its president, if he can be found in the county in which…