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· 1/7/1895

Kennedy v. Agricultural Ins.

Citations

  • 165 Pa. 179
  • 30 A. 724
  • 1895 Pa. LEXIS 979

Syllabus

<p>Attachment execution—Insurance companies—Service of process—Acts of April 4, 1873, and June 20, 1883.</p> <p>The act of June 20, 1883, P. L. 134, amending the act of April 4, 1873, P. L. 20, was intended to authorize service of an attachment execution on the state agent of a foreign insurance company, garnishee, whether the agent has his office in the county whence the writ issued or not.</p> <p>For the purpose of being served with any writ, rule, order, notice or decree, authorized by the act, the state agent is pro hac the company itself and is to be constructively regarded as a resident of each and every county of the state.</p> <p>The summons clause of an attachment execution is a “ writ ” within the meaning of the act.</p> <p>Constitutional law—Special legislation—Classification—Foreign insurance companies—Act of June 20, 1883.</p> <p>The act of June 20, 1883, P. L. 134, requiring foreign insurance companies to appoint a state agent on whom process may be served, is not open to the objection that it is special legislation and therefore unconstitutional.</p> <p>Foreign insurance companies, licensed to transact business in this state, are essentially a distinct class of corporations justifying and requiring legislation appropriate to the class itself.</p>

Judges: Dean, Fell, Green, McCollum, Mitchell, Mjr, Stebbett, Sterrett, Williams

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