Hunter v. Wenatchee Land Co.

Citations

• 36 Wash. 541
• 79 P. 40
• 1905 Wash. LEXIS 625

Syllabus

<p>Process — Attachment—Service of Summons on Foreign Corporation Outside of State. Where an action is commenced by attaching the property of a foreign corporation, personal service of the summons and complaint upon the defendant outside of the state, in lieu of publication, is all that is required under Bal. Code, § 4879.</p> <p>Conflict of jaws — Aliens—Right to Sue in This State— Contracts — Lex Loci Contractus. An action between aliens for damages for breach of a contract made in Minnesota whereby the defendants gave the plaintiff the exclusive sale of defendant’s lands situated in this state, will not be dismissed as commenced by an alien in a foreign jurisdiction for the purpose of obtaining an undue advantage, where the only advantage alleged is that the contract was not enforcible between the parties in Minnesota under the laws of that state, especially where it appears that the only property of the defendant subject to execution is situated in this state, and the same was the subject of the contract, since the courts of this state will be governed by the laws •f the state where the contract was made.</p> <p>Appeal and Error — Review—Order Refusing to Dissolve an Attachment. Upon an appeal from an order refusing to dissolve an attachment of the property of a foreign corporation, error in sustaining a demurrer to the defendant’s answer can not be reviewed on the theory that the answer showed that the court was without jurisdiction, since the test of jurisdiction was the status of the case upon the issuance of the attachment, which • if rightful, is not affected by subsequent proceedings.</p>