Dillard v. Central Virginia Iron Co.

Citations

• 82 Va. 734
• 1 S.E. 124
• 1887 Va. LEXIS 139

Syllabus

<p>1. Judgments—Void for want of jurisdiction.—No presumption exists in favor of the validity of judgments even of courts of general juris? diction, where want of jurisdiction affirmatively appears on the face of the proceedings. Want of jurisdiction makes such judgments null; and they may be so treated by any court in any proceeding, direct or collateral. Wade v. Hancock, 76 Va. 620.</p> <p>2. Construction of Statutes—Service of process beyond the State— Persons—Natural—Artificial.—Code 1873, eh. 166, sec. 15, applies only to non-resident defendants who are natural persons, and not to corporations nor their agents. Service of process upon corporations must be in this State upon an officer or agent resident here. Code 1873, ch. 166, sec. 7.</p> <p>3. Case at bar.—Suit is brought in a county in this State against a corporation domiciled in that county, and process is served upon the president of the corporation resident in Philadelphia, by a third party, who makes affidavit, as required by Code 1873, ch. 166, sec. 15—</p> <p>Held :</p> <p>Such service is insufficient to give the court jurisdiction.</p>