Pollock v. B. & L. Ass'n

Citations

• 48 S.C. 65
• 25 S.E. 977
• 1896 S.C. LEXIS 150

Syllabus

<p>1. Court oe Common Peeas — Jurisdiction—Foreign Corporation-Attachment — Service Process. — The Court of Common Pleas can acquire jurisdiction of a foreign corporation without attachment of its property within the jurisdiction.</p> <p>2. Finding of Fact — Agent—B. & F. Assn. — The finding of fact by the Circuit Judge that Kollock was a resident agent of the foreign B. & F. Assn, upon whom process could be served; sustained.</p> <p>3. Foreign Corporation — Service Process — Agent—Rev. Stat., 1466. — The designation by a foreign corporation, under sec. 1466, Rev, Stat., of a particular person upon whom process may be served is not exclusive, but in addition to other modes of service.</p> <p>4. Receiver — Foreign Corporation — Service Process — Agent— Jurisdiction. — The appointment of a receiver by a foreign Court for a foreign corporation, which has a resident agent in this State, which has property here, and is doing business here, does not affect the service of process upon such agent in this State, and such service will give our Court jurisdiction of such foreign corporation.</p> <p>5. Presumption — Jurisdiction—CompeainT.—In the absence of negative allegations in the complaint, the Court of Common Pleas will presume that a plaintiff, in a suit brought therein, is a resident of that jurisdiction.</p> <p>6. Compdaint — Causes oe Action. — The allegations in the complaint sued on, held to be sufficient to set up one cause of action against the B. & h. Assn, for excessive collections, and another against the bank for being an active aider, and for acting in violation of the trust it assumed.</p> <p>7. Joinder oe Causes oe Action. — Two causes of action, one against one defendant for wrongfully collecting a sum of money, and the other against another defendant for wrongfully paying over the same fund, may be joined in the same action against both defendants.</p>