43 Wash. 373 | Wash. | 1906
This is an appéal from' the order of the lower court setting aside a default judgment against the Niagara Fire Insurance Company, of the city of New York, and the London Assurance Corporation. On October 21, 1904, the superior court entered judgment by default in favor of aptpellants and against respondents. Both the order of default and the judgment contained the recital that each of the respondents had been duly and personally served with writ of garnishment in Clallam county, Washington, more than twenty days prior thereto
Appellants claim that this action of the trial court was erroneous, (1) because the order of default and default judgment recited that due and personal service had been made upon the respondents and no showing was made that such service had not in fact been made; (2) that even though the court should assume that no service had been made except upon Aldwell, still that service was sufficient to give the court jurisdiction. In support of the first contention appellants cite, State ex rel. State Ins. Co. v. Superior Court, 14 Wash. 203, 44 Pac. 131; State ex rel. Boyle v. Superior Court, 19 Wash. 128, 52 Pac. 1013, 67 Am. St. 724; Ballard v. Way, 34 Wash. 116, 74 Pac. 1067, 101 Am. St. 993; Nolan v. Arnot, 36 Wash. 101, 78 Pac. 463; and Snider v. Badere, 39 Pac. 130, 81 Pac. 302. Respondents urge that the cases cited are not conclusive of the question in the case at bar.
As to the second contention of appellants, respondents claim that the method provided for obtaining jurisdiction of foreign insurance companies under Bal. Code, § 2818 (P. O. § 5631), is exclusive; that this section and the act of which it was a part (Laws 1895, p. 157) cover the entire matter .of foreign insurance companies doing business, in this
“The summons shall be served by delivering a copy thereof, as follows: . . . 6. If against an insurance company, to any agent authorized by such company to solicit insurance within this state; . . . 9. If the suit be against a foreign corporation or a nonresident joint stock company or
and Bal. Code, § 5397 (P. C. § 550), as amended by the Laws ,of 1903, page 91, providing that service of a writ of garnishment shall be made “in the same manner as, summons in an action is served;” also; the constitutional provision:
“ISTo corporation organized outside of the limits of this state shall be allowed toi transact business within the state on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this state;” Const, art. 12, § 7.
Also, Bal. Code, §§ 4854 and 4875 (P. C. §§ 310, 333), and Bal. Code, § 4255 (P. C. § 7059). In, support of their contention as to the construction of these various statutes, they cite, State ex rel. State Ins. Co. v. Superior Court, supra, and Hammel v. Fidelity Mut. Aid Ass’n, 42 Wash. 448, 85 Pac. 35.
Without passing upon the first contention made by appellants, we think their second contention must be upheld. It being conceded that the writ of garnishment was served upon an agent living in the county where the action was brought and who was authorized to solicit insurance for said companies, we think there was a compliance with the statutes, and that jurisdiction was obtained over the companies.
The order of the honorable superior court is therefore reversed.
Mount, C. J., Crow, Fullerton, Dunbar, and Rudkin, JL, concur.