101 Mich. 447 | Mich. | 1894
This case involves the validity of a judgment rendered against the present plaintiff as garnishee of one Dell Gaffany, the plaintiff’s contention being that the return of the officer fails to show valid service of the
We think it obvious that section 7086 has no application. That section is limited in its application to garnishment proceedings in which the original suit is instituted, by attachment. This is made clear by the title to the original act, which is, “ An act to regulate proceedings in attachment against foreign corporations in certain cases.
Section 8055, as amended, provides that service may be made upon “the president, cashier, secretary, treasurer, general or special agent, superintendent, chief clerk, or other principal officer of such corporation.” Does the return in question show service upon a general or special agent within the meaning of this section?
We think the case is within the ruling in Lake Shore & M. S. Ry. Co. v. Hunt, 39 Mich. 469. In that case it was said that—
“The terms ‘general or special agent are very indefinite, but employed, as they are here, in association with terms designating the principal officers of the corporation, they evidently intend agents who, either generally or in respect to some particular department of the corporate business, have a controlling authority, either general or special. They do not mean every man who is intrusted with a commission or an employment.”
It is true that the return in the present case shows that the agent Robbins had charge of the affairs of the company
The judgment will be modified. The defendant will be entitled to recover his actual disbursements, if any, in the court below. In all other respects, the judgment will stand affirmed, with costs to plaintiff.