German-American Ins. Co. v. Chippewa Circuit Judge

• Decision Date: 04 June 1895
• Court: Michigan Supreme Court
• Parties: GERMAN-AMERICAN INS. CO. v. CHIPPEWA CIRCUIT JUDGE.

63 N.W. 531

105 Mich. 566

GERMAN-AMERICAN INS. CO. v. CHIPPEWA CIRCUIT JUDGE.

Supreme Court of Michigan

June 4, 1895

Application by the German-American Insurance Company for writ of mandamus to the Chippewa circuit judge. Denied.

Frank W. Hine, for relator.

E. S. B. Sutton, for respondent.

McGRATH, C.J.

I am of the opinion that the service upon the insurance commissioner in the present case was good. How. Ann. St. � 4368, provides that the word "process," used in that act, "shall include any writ, declaration, summons, order or subpoena whereby any action, suit or proceeding at law or in chancery, shall be commenced against any such insurance company, whether such suit or proceeding is connected with the insurance business of such company in this state or not, and whether such suit or proceeding is founded upon any claim or demand connected with such business of insurance or upon matters growing out of such business, or whether it is founded or based upon any other claim or demand, whatever may be the nature of such claim or demand." This statute embraces any writ, order, or summons in any suit or proceeding, and clearly includes a summons in garnishment. In Milwaukee Bridge & Iron Works v. Wayne County Circuit Judge, 73 Mich. 155, 41 N.W. 215, the proceeding was not against an insurance company, and the court evidently overlooked the statute relating to service upon insurance companies. Respecting corporations in general, the language there used was correct, but it should not be held applicable to a particular class of foreign corporations, respecting which ample provisions for service had been made. In view of the fact that in many cases this class of foreign corporations have no agents in the state upon whom service may be had, under How. Ann. St. � 8086, it cannot be said, in the absence of express provision therefor, that the legislature intended to repeal or limit the application of Ho. Ann. St. � 4362 et seq. The writ is denied. The other justices concurred.