Alliance Assurance Co. v. Bartlett & Tyler

Citations

• 9 N.M. 554

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Garnishment — Foreign Corporation — Appearance by Agent — Process-Service — Insurance Company — Answer to Interrogatories —Judgment—Appeal—Affirmance—Damages.—1. Where an agent of a foreign corporation on whom process can be served, enters appearance for such defendant corporation, after the period of over three years has elapsed without objection being made to such appearance, it is too late for the corporation to withdraw such appearance, unless it is shown that it had no knowledge of such appearance.</p> <p>2. An insurance company, when garnished, is bound by its answer to interrogatories filed, which show the amount of money in its hands growing out of a liability for a loss by fire.</p> <p>3. When garnished, a corporation can avoid all risk and liability by making a proper showing and by paying the money garnished into court to await the order of the court concerning its disposition: and when it does not do so, but appeals, when the judgment below is affirmed it is proper for the supreme court to award damages against it, under section 3142, Compiled Laws of 1897, in addition to the judgment complained of.</p>