Macario v. Alaska Gastineau Mining Co.

Citations

• 96 Wash. 458
• 165 P. 73
• 1917 Wash. LEXIS 585

Syllabus

<p>Corporations — Foreign Corporations — Actions — Jurisdiction— Doing Business in State — Supply Agent. A foreign corporation, mining in Alaska, is not doing business in this state to an extent to give our courts jurisdiction of an action for personal injuries arising in Alaska, where its only business in this state was to maintain a “Forwarding” agent to purchase and forward supplies to Alaska, •and who occasionally performed such other duties as procuring hotel and railroad transportation reservations for officers and employees of the company and by special direction had twice represented the company in dealings with injured workmen (Holcomb, J., dissents).</p> <p>Same. The fact that a foreign corporation has personal property in this state cannot be considered in aid of jurisdiction by service of summons in an action to recover a judgment in personam.</p> <p>Appearance — General or Special — Petition for Removal of Cause — Amendment. A petition in general terms for the removal of a cause to the Federal court, without restricting a special appearance in the state court, is not a general appearance waiving the objection to the jurisdiction; hence an amendment of such petition would not be a general appearance.</p> <p>Judgment — Default — Setting Aside — Power of Court. A default judgment, entered upon an illegal service of summons which was insufficient to give the court jurisdiction, is void and should be set aside on the court’s own motion as a matter of course.</p> <p>Master and Servant — Injury to Servant — Vice Principal — Liability of Superintendent. The master’s superintendent is not liable for personal injuries sustained through an explosion of dynamite, occurring during his absence, where no act of his was the proximate cause of the injury, and the accident would not have happened had his directions been followed.</p>