Haynes v. City Nat. Bank of Lawton, Case Number: 1353

CourtSupreme Court of Oklahoma
Writing for the CourtSHARP, C.
Citation30 Okla. 614,1912 OK 39,121 P. 182
PartiesHAYNES, Admx., v. CITY NAT. BANK OF LAWTON et al.
Docket NumberCase Number: 1353
Decision Date09 January 1912

1912 OK 39
121 P. 182
30 Okla. 614

HAYNES, Admx.,
v.
CITY NAT.
BANK OF LAWTON et al.

Case Number: 1353

Supreme Court of Oklahoma

Decided: January 9, 1912


Syllabus

¶0 1. INSURANCE--Companies--Actions--Venue. An action against a nonresident insurance company is properly brought in the county of the plaintiff's residence.

2. PARTIES--Defendants--Interest in Controversy. Any person who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination of settlement of the questions involved, may be made a party defendant.

3. SAME--Bringing in New Parties--Authority of Court. The court may determine any controversy between any parties before it, when it can be done without prejudicing the rights of others, or by saving their rights. When, however, this cannot be done without the presence of other parties, the court must order them brought in.

4. PROCESS--Domicile of Parties--Codefendants. Where a nonresident insurance company is sued in the county where the plaintiff resides, a summons may issue to any other county, against a defendant made a party after proper showing by order of court.

5. APPEARANCE -- Special Appearance -- "General Appearance." Whether an appearance is general or special does not depend upon the form of the pleading, but upon its substance. If a defendant invokes the judgment of the court upon any question, except that of the power of the court to hear and decide the cause, his appearance is general.

6. EXECUTORS AND ADMINISTRATORS--Claims Against Estate--Necessity for Presentation. In an action brought by the assignee of a life insurance policy to recover the amount of the policy due upon the death of the insured, the administratrix of the estate having been made a party upon application of the insurance company, the petition of plaintiff making no claim or demand against the estate, it is not necessary that the plaintiff's claim be first presented to the administratrix for allowance, and a petition failing to allege such presentation is not subject to demurrer by reason thereof.

Error from District Court, Comanche County; J. T. Johnson, Judge.

Action by the City National Bank of Lawton against the New York Life Insurance Company and Sarah C. Haynes, impleaded as defendant. From the judgment, defendant Sarah C. Haynes, administratrix, brings error. Affirmed.

John H. Wright and Clarence E. Blinn, for plaintiff in error.

Louis Davis, for defendant in error City Nat. Bank.

Stevens & Myers, for defendant in error New York Life Ins. Co.

SHARP, C.

¶1 On November 17, 1908, defendant in error the City National Bank of Lawton, a banking corporation, brought an action in the district court of Comanche county against the New York Life Insurance Company to recover judgment on two life insurance policies issued on or about May 27, 1908, on the life of Edward P. Haynes. These policies were for $ 2,500 each, and were payable to the executors, administrators, or assigns, or to the duly designated beneficiary of the insured, and were, on May 30, 1908, assigned in writing to the City National Bank, at the time a creditor of the said Edward P. Haynes in a sum in excess of the face value of the two policies. The insured died August 25, 1908, and the bank notified said insurance company thereof, and thereafter made due proof of death and demanded payment to it as assignee, which was refused. The summons issued in Comanche county against the insurance company was directed to the sheriff of Oklahoma county, and served upon Richard R. Lee, cashier of its Oklahoma branch at Oklahoma City, and due return thereof made. The New York Life Insurance Company is and was a nonresident corporation. On December 18, 1908, the insurance company filed its answer and plea of interpleader admitting the execution and delivery of said life insurance policies; that the same were payable to the executors, administrators, or assigns of the insured, or to the designated beneficiary; the death of the insured; that there had been filed with the company a copy of the assignment of both policies to the bank; and that subsequent notice and proof of death were made in accordance with the terms and conditions of the policies. The insurance company further answered that one Sarah C. Haynes of Oklahoma City was the duly appointed and qualified administratrix of the estate of the deceased, and as such had made claim to the proceeds of said policies, having served notice on said company that she claimed the full amounts due thereunder. Said company further answered, setting up that it had no interest in the demands of either party to said fund, and that its sole desire in the premises was that all parties interested might be brought before the court and the liability of the company ascertained, that it might with safety pay the same to the party entitled thereto, that said administratrix was not only a proper, but a necessary, party defendant to a complete determination of the matters and things involved, as provided for by the statutes in such cases made and provided, and asked that the said administratrix be, by order of court, made a party defendant, and that summons issue to her directed to the sheriff of Oklahoma county, Okla., and that said company be permitted to deposit with the clerk of the court the proceeds of said policies, and that thereupon it be acquitted and discharged of all responsibility and liability to either party. On February 23, 1909, the court ordered the administratrix made a party defendant, and on which date summons was issued by the clerk of the district court of Comanche county, directed to the sheriff of Oklahoma county, in which was recited the order of the court making said administratrix a party defendant. This summons was served by the sheriff of Oklahoma county, February 27, 1909, and return thereof duly made.

¶2 On March 26, 1909, the administratrix filed in the district court of Comanche county the following motion, formal parts omitted:

"Comes now the above defendant, Sarah C. Haynes, administratrix, and appears specially in said cause and for this motion only, and hereby moves the court to quash and set aside the service of summons in the above entitled cause, for the following reasons, to wit: (1) Said court has no jurisdiction of the subject-matter of this action. (2) That the original jurisdiction in all such actions is
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20 practice notes
  • Chi., R. I. & P. R. Co. v. Austin, Case Number: 7470
    • United States
    • Supreme Court of Oklahoma
    • 10 Octubre 1916
    ...v. Hunter et al., 16 Okla. 86, 86 P. 293; Ziska et al. v. Avey et al., 36 Okla. 405, 122 P. 722; Haynes, Adm'x, v. City Nat. Bank, Lawton, 30 Okla. 614, 121 P. 182; Welch v. Ladd, 29 Okla. 93, 116 P. 573; Pratt v. Pratt, 41 Okla. 577, 139 P. 261. ¶8 The decisions cited from this court do no......
  • Jarman v. Mason, Case Number: 15856
    • United States
    • Supreme Court of Oklahoma
    • 25 Octubre 1924
    ...of the cause of action set out therein on which he bases his claim of title to the certificate of nomination. In Haynes v. City Nat. Bank, 30 Okla. 614, 121 P. 182, we said:"Before a summons can rightly issue from one county to another, the person served with the summons in the county in wh......
  • Cherokee Cnty. Pub. Co. v. Cherokee Cnty., Case Number: 4085
    • United States
    • Supreme Court of Oklahoma
    • 11 Mayo 1915
    ...any question, except that of the power of the court to hear and decide the cause, his appearance is general." ( Haynes v. City Nat. Bank, 30 Okla. 614, 121 P. 182.) "An appearance, in order to be special, must be shown to be such by a proper designation and entitlement." Drennan v. Warburto......
  • Danzinger v. George W. Ralls Co., Case Number: 19399
    • United States
    • Supreme Court of Oklahoma
    • 3 Junio 1930
    ...that of the power of the court to hear and decide the cause, the appearance is general. Haynes, Adm'x, v. City National Bank of Lawton, 30 Okla. 614, 121 P. 182. 2. Same--Appearance Held General Though Denominated Special. Where, in an action against S. and G., individuals, alleged to be do......
  • Request a trial to view additional results
20 cases
  • Chi., R. I. & P. R. Co. v. Austin, Case Number: 7470
    • United States
    • Supreme Court of Oklahoma
    • 10 Octubre 1916
    ...v. Hunter et al., 16 Okla. 86, 86 P. 293; Ziska et al. v. Avey et al., 36 Okla. 405, 122 P. 722; Haynes, Adm'x, v. City Nat. Bank, Lawton, 30 Okla. 614, 121 P. 182; Welch v. Ladd, 29 Okla. 93, 116 P. 573; Pratt v. Pratt, 41 Okla. 577, 139 P. 261. ¶8 The decisions cited from this court do no......
  • Jarman v. Mason, Case Number: 15856
    • United States
    • Supreme Court of Oklahoma
    • 25 Octubre 1924
    ...of the cause of action set out therein on which he bases his claim of title to the certificate of nomination. In Haynes v. City Nat. Bank, 30 Okla. 614, 121 P. 182, we said:"Before a summons can rightly issue from one county to another, the person served with the summons in the county in wh......
  • Cherokee Cnty. Pub. Co. v. Cherokee Cnty., Case Number: 4085
    • United States
    • Supreme Court of Oklahoma
    • 11 Mayo 1915
    ...any question, except that of the power of the court to hear and decide the cause, his appearance is general." ( Haynes v. City Nat. Bank, 30 Okla. 614, 121 P. 182.) "An appearance, in order to be special, must be shown to be such by a proper designation and entitlement." Drennan v. Warburto......
  • Danzinger v. George W. Ralls Co., Case Number: 19399
    • United States
    • Supreme Court of Oklahoma
    • 3 Junio 1930
    ...that of the power of the court to hear and decide the cause, the appearance is general. Haynes, Adm'x, v. City National Bank of Lawton, 30 Okla. 614, 121 P. 182. 2. Same--Appearance Held General Though Denominated Special. Where, in an action against S. and G., individuals, alleged to be do......
  • Request a trial to view additional results

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