Cunningham v. Spokane Hydraulic Co.

Citations

• 18 Wash. 524
• 52 P. 235
• 1898 Wash. LEXIS 593

Syllabus

<p>ACTrON ON FOREIGN JUDGMENT-JURISDICTION OVER DEFENDANT — WHAT JUDGMENT ROLL MUST SHOW—EVIDENCE'OF SERVICE,</p> <p>In an action upon a judgment obtained in another state, proof of jurisdiction over the person of defendant in the former action is inadmissible where the judgment roll itself does not show service of process or an appearance by defendant in the action in which the judgment had been obtained.</p> <p>A sheriff’s return of service of summons reciting merely that he personally served same on a certain individual, “as agent of the defendant corporation,” is insufficient to show jurisdiction over a foreign corporation, when the statute provides for the appointment by such corporation of some person residing in the county in which the principal place of business of such foreign corporation within the state is conducted upon whom process may be served, which appointment must be filed in the office of the secretary of state and of the clerk of the court for such county, since the sheriff’s return must describe an agent within the meaning of the statute, where words of description are employed therein.</p>