New River Mineral Co. v. Seeley

Citations

• 120 F. 193
• 56 C.C.A. 505
• 1903 U.S. App. LEXIS 4470

Syllabus

<p>1. Judgments — Relief Against in Equity — Fraud of Plaintiff.</p> <p>A New York corporation, having its principal office in that state, owned and operated coal mines in Virginia. Its general manager there, having entire charge of its affairs in that state, shortly before leaving the service of the company, procured a judgment to be entered in his favor against it by a federal court in Virginia without its knowledge, and for this purpose employed one of the attorneys of the company, whose firm had been theretofore retained by him, to represent it, and which had no relations with the company except through him. The attorney secured an acceptance of service of process for the company by a bookkeeper, who was under the plaintiff’s control, and who, in the acceptance, represented himself, without authority, to be the company’s agent. The company had no notice of the suit or judgment until months after it was rendered, although both the plaintiff therein and the bookkeeper were in constant communication with its officers. Held that, in the absence of conclusive proof of the plaintiff’s good faith, a court of equity should set aside his judgment to permit the company to defend the action on the merits.</p> <p>2. Foreign Corporations — Service of Process — Virginia Statute.</p> <p>The statute of Virginia (Code, § 1105) provides that, where a foreign corporation doing business in the state fails to comply with the requirement to designate an agent upon whom process may be served, service upon either of the officers, agents, or employés of the company shall be deemed a sufficient service on the company; but the statutes of the state nowhere provide for the acquiring of jurisdiction over a foreign corporation by an acceptance of service by any of its agents or employés. Held, that, to acquire jurisdiction under section 1105 by service upon an agent or employé, its provisions must be strictly followed, and the service made by an officer, and that an acceptance of service by