Digest of Insurance Cases; Embracing All Decisions in Any Manner Affecting Insurance Companies or Their Contract Upon Whatever Plan or for Whatever Pu (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...by constructive service of process as a non-resident, and against the Pennsylvania corporation that had underwritten the risk, upon whom, under the Kentucky statutes, process might be served to bind it. The indebtedness sought to be garnishcd was not payable in Kentucky, and none of the transactions out of which it arose occurred in Kentucky. Held, That the debt sought to be subjected to garnishment had no situs within Kentucky and that it was not given such situs by reason of the Pennsylvania corporation doing business in Kentucky, pursuant to the laws of that State, although the Kentucky statutes provide that service of process upon such agent shall bind the company. A judgment rendered in such case subjecting the debt to garnishment would not constitute a bar to a subsequent action by the defendant against the Pennsylvania corporation, the Kentucky court having neither jurisdiction over the defendant, who was not served with process and who never appeared, nor over the debt, which the Pennsylvania corporation owed to the defendant, such debt having no situs within Kentucky. Garnlshment being essentially a proceeding in rem, the court has no jurisdiction whatever where the defendant has not been served with process and has not appeared, and there is no rem within the jurisdiction of the court, but where the defendant has been served with process or enters his appearance, the action would then be in personam, and jurisdiction would be complete. Same--Exemption of Deiendant's Domicile--Inter-State Comity: Where both plaintiff and defendant are residents of States other than that in which suit is brought, and defendant is entitled to certain exemptions under the laws of the State of his domicile, such exemptions will be enforced by the...