80 Minn. 147 | Minn. | 1900
Action to recover upon a fire insurance policy. This suit was instituted by service of summons and complaint upon a local agent of defendant, under G-. S. 1894, § 3158, which provides that such service shall be “of the same force and effect as personal service on a private individual.” Before answering, defendant made a special appearance, and objected to the service, upon, the ground that the act above referred to had been repealed by Laws 1895, c. 175, § 77. The objection was overruled, trial was had, and verdict rendered for the plaintiff, upon which judgment was entered, and an appeal therefrom brings the question of jurisdiction secured by such service into this court.
The only question necessary to be considered on this review is whether Laws 1895, c. 175, § 77, repeals the former statute (section 3158), above referred to. The latter act attempts to codify the in
Previous to the act last referred to, service might not only be made on a local agent, under section 3158, supra, but upon a general officer of the company, under the provisions of G. S. 1894, § 5200, which evidently provides for the service upon the company referred to in section 77, supra; and, if section 77 repeals all former acts relative to the service of process on foreign insurance companies, it does so by implication, upon the theory that the method therein provided for is exclusive, and operates as a repeal of the former statutes on that subject; but, to justify a court in holding that an act is repealed by one subsequently passed, it must appear that the latter provision is certainly and clearly in hostility to the former. If by any reasonable construction the two statutes can stand together, they must so stand. State v. Archibald, 43 Minn. 328, 330, 45 N. W. 606. We are unable to see any repugnancy between the method of service of process on foreign insurance companies provided for in the act of 1895 and the former statutes on the subject.
The requirement for an agreement to abide by service on the commissioner is not new in this state. It has been a part of our state policy with reference to such companies ever since it was first
It cannot be presumed, either, that the legislature intended to extend to foreign corporations privileges which it does not bestow upon our owm corporations of the same character; but, if the views of the defendant are correct, there is but one method of service upon a foreign insurance company, while there may be several methods upon domestic companies. It will not be assumed, either, that the right to obtain an efficient method of service on foreign insurance companies has been taken away without a sufficient substitute for the right of which our citizens have been deprived. If the method of service upon the commissioner is the only one that can be resorted to against foreign insurance companies, it would in many cases be impossible to obtain service, particularly of process issued before justices of the peace in distant parts of the state. Again, if it were not the purpose of the legislature in the act of 1895 to retain the right to serve on local agents, we cannot see the utility of that provision of section 77 of that act, which requires that such foreign company shall appoint as its agents residents of this state.
These considerations should be potent in influencing our judg
The judgment appealed from is affirmed.