Mars v. Oro Fino Min. Co.

Citations

• 7 S.D. 605
• 65 N.W. 19
• 1895 S.D. LEXIS 125

Syllabus

<p>1. In an action against a private corporation the return of the sheriff must affirmatively show that service was made upon an officer or an agent of the corporation specified in the statute as one upon whom service may be made.</p> <p>2. An attorney in fact, authorized by such corporation to apply for patent to mining ground claimed by it and to execute such papers as may be necessary for that purpose, is not by virtue of such employment a “managing agent,” within the meaning of that term as used in section 4898, Comp. Laws,</p> <p>3. In an adverse proceeding under the provisions of section 2326, Rev. St. U. S., it is not sufficient that the adverse claimant places the summons in hands of the sheriff within 30 days after the filing of the adverse claim, unless he proceeds with reasonable diligence to secure the service of such summons upon the defendant in the action.</p> <p>4. Where, in such an action, no service of the summons was made in any manner upon the defendant for more than a year after the adverse claim was filed, and the defendant did not appear in the action, “proceedings,” within the meaning of that term as used in said section, were not commenced in time, and the action was properly dismissed.</p> <p>(Syllabus by the Court.</p>