Smith v. Life Ass'n of America

Citations

• 76 Va. 380
• 1882 Va. LEXIS 42

Syllabus

<p>Removal of Causes—Noip-resident defendant—Case reopened.—Non-resident Ins. Co. is sued by citizen of Virginia on a contract made outside this State. On affidavit that defendant is a non-resident corporation, having effects in P county in this State, attachment is sued out to subject those effects to plaintiff’s claim, and order of publication made and executed. Neither process in the suit nor copy of attachment is served on defendant. Judgment is rendered April, 1878, against defendant. In September, 1878, defendant petitioned the court to reopen and rehear the case. Case being reopened, defendant filed petition setting forth that amount in dispute was over 8500, and controversy between citizens of different States, tendered the usual bond with security, and prayed' the removal of the cause to the circuit court of the United States for the-eastern district of Virginia.</p> <p>Held :</p> <p>1. Suit not against foreign corporation doing business in Virginia,. under Code 1873, ch. 166, § 7, but under ch. 148, § 1 and § 20.</p> <p>2. Under ch. 148, § 27, defendant was entitled to have the case reopened and reheard.</p> <p>3. Under laws of United States defendant was also entitled to the removal as prayed for, the motion therefor having been made at first term, at which the cause might have been tried. See Harter v. Kernochan, 13 Otto, 567.</p>