44 Ala. 287 (Ala. 1870), Talladega Ins. Co. v. Woodward

Citation44 Ala. 287
Opinion JudgeB. F. SAFFOLD, J.
AttorneyJOHN T. HEFLIN, for appellant. J. A. WOODWARD, pro se.
CourtSupreme Court of Alabama

Page 287

44 Ala. 287 (Ala. 1870)




Supreme Court of Alabama

January Term, 1870


APPEAL from the Circuit Court of Talladega.

Tried before Hon. JOHN HENDERSON.

JOHN T. HEFLIN, for appellant.

J. A. WOODWARD, pro se.


This suit was brought by the appellee against the appellant. The plaintiff claimed of the defendant a specified sum of money as due on a writing as follows: "$3,900. Talladega Insurance Company, Talladega, Alabama, January 13, 1862. Mr. James A. Woodward has deposited in this office, with interest, thirty-nine hundred dollars to the credit of himself, payable on the return of this certificate, properly endorsed. James G. L. Huey, secretary."

The service of the summons was effected thus: "The defendant, its secretary and managing agent, hereby acknowledges legal service of the within summons and complaint, and waives copy; also waives entry on appearance docket at spring term, 1866. April 17, 1866. James G. L. Huey, secretary." The judgment was by default, and recites that service was "proven to the satisfaction of the court."

The objections of the appellant may be embraced in two propositions: 1. The record does not show service of process on the defendant. 2. The cause of action did not authorize a judgment by default and without a writ of inquiry.

When process against a corporation is executed by the sheriff on one of its officers or agents, proof is necessary that the person served is an officer or agent upon whom it may be served.-- Cole v. Wetumpka and C. R. R. Co., 6 Ala. 655; Lyon v. Lorant, 3 Ala. 151. A summons to a corporation may be executed by the delivery of a copy of the summons and complaint to the president, or other head thereof, secretary, cashier or managing agent thereof.--Revised Code, § 2568. Acceptance of service of summons is usually an acknowledgment in writing of notice of the suit, and of the delivery of a copy of the summons and complaint. Can the president or other officer or agent above mentioned accept service? The service upon him, though on account of his connection with the corporation, is, nevertheless, a personal act. It is notice to an individual of a proceeding against the body he represents, and his acceptance of service is nothing more than his declaration in writing that he has received such notice. Any one on whom service may be executed, may acknowledge that he...

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