137 Ga. 440 | Ga. | 1912
Lead Opinion
The act of 1861, providing for the situs of suits against insurance companies, and the service of process in suits brought thereunder, is codified in the Code of 1873, as follows: “§ 3408. Whenever any person may have- any claim or demand upon any insurance company having agencies, or more than one place of doing business, it shall be lawful for such person or persons to institute suit against said insurance company within the county where the principal office of such company is located, or in any county where said insurance company may have an agency, or place of doing business was located at the time the cause of action accrued, or the contract was made, out of which said cause of action arose.” Section 3409 declared: “In all such suits, service shall be effected upon such insurance company by leaving a copy of the bill or writ with the agent of the company, if any; if no agent should be in the county, then at the agency or place of doing business, or where the same was located at the time such cause of action accrued, or the contract was made, out of which the same arose." These sections were- construed in Empire State Insurance Company v. Collins, 54 Ga. 376, wherein it was held, that, “under sections 3408-3409 of the code, an action against 'an insurance company must be instituted in the county where its'principal office is located, or where it has an agency or place of doing business when suit is brought, and which agency or place of business was located in the county at the time the cause of action accrued, or the contract was made, out of which the cause of action arose.” This case was decided at the January term, 1875. Subsequently section 3408 was amended by inserting between the word “ business ”
No constitutional infirmity is raised in the record as to that part
Is the case different as to questions certified to the Supreme Court by the Court of Appeals? In the amendment to the constitution, establishing the Court of Appeals and declaring its jurisdiction and practice, a rule is prescribed as to this matter. Civil Code (1910), § 6505 (codifying a portion of this amendment), contains the following provisions on the subject of the certification of questions by the Court of Appeals to this court: “Where, in a case pending in the Court of Appeals, a question is raised as to the construction of a provision of the constitution of this State or of the United States, or as to' the constitutionality
As the record does not disclose any constitutional attack made upon these code sections, and as the Court of Appeals has asked no instruction on that subject, we can not interpret them to mean anything other than what is clearly expressed. We therefore answer the question propounded by the Court of Appeals in the negative.
Dissenting Opinion
dissenting. I agree with my associates as to the construction to be given to the statute fixing the venue of suits against insurance companies and providing for the service of process of suits brought under the statute. But I can not concur with
The constitution requires that a defendant must be sued in the county of his residence. An insurance company may not necessarily be a corporation; but whether such company is a partnership or a corporation, it can be sued only in the county of its residence, if a judgment in personam is sought. It is competent for the General Assembly to enact that an insurance corporation of its own creation may be'located for purposes of suit as a resident of each county where it has an agent or agency. But it would not be competent for the legislature to override the constitution and enact that a domestic insurance company is suable in a county where it had neither agent nor place of doing business at the time of the suit. All citizens of the United States, including corporations, are