44 W. Va. 267 | W. Va. | 1897
Oscar Douglass, on the 7th day of March, 1894, brought a civil action for the recovery of money due for damages for a wrong in this: for the unlawful and negligent killing
Was the service in the case at bar sufficient? If we were confined to either section 34 of chapter SO of the Code, or section 7 of chapter 124, I would say that the return was not sufficient, as it does not conform to the requirements of either of these sections where process is served upon a depot or station agent; but it is perceived that section 34 of chapter SO of the Code commences by saying, “Unless otherwise specially provided, such process or order and any notice against the corporation may be served,” etc. proceeding to state how it may be served. Now, is it otherwise specially provided? By reference to section 18 of chapter 52 we find it provided that “in any action against a corporation, if it be in the circuit court, process shall be issued as provided in chapter 124 of this act, or if the action be before a justice process shall be issued as provided in chapter SO of this act. ” And section 20 reads as follows: “Provided, that when any suit is brought against a railroad company under the two pfeceeding sections, the ag'ent on whom process may be served shall be construed to include' a depot or station ag-ent, in the employment of the company residing in the county or township wherein the action is brought.” Upon the question, then, as to the return on the process in the case under consideration, which has been quoted above, no room is left for construction, and we hold said return is sufficient.
Counsel for the plaintiff in error, in their brief, suggest that it is nowhere alleged in the pleadings that it is a cor-
Affirmed.