Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/54

== CODE CIVIL PROCEDURE ==

Civil Actions § 7426
3. If the defendant is public corporation within this state, to the mayor or any of the aldermen of any city; to any of the commissioners of a county; to the president or any of the trustees of any incorporated town or village; to any of the supervisors of a civil township; to any of the members of a school district board. If the defendant is the state, to the governor or attorney general.

4. If the defendant is a domestic corporation organized under the laws of the territory of Dakota, or of this state, to the president, or other head of the corporation, secretary, cashier, treasurer, a directory or managing or authorized agent thereof, and such service may be made within or without this state. In case the sheriff shall return the summons with his certificate that no such officer, director or agent can conveniently be found in his county, service may be made by leaving a copy of the summons at any office of such corporation within this state, with the person in charge of such office.

5. If the defendant is a foreign corporation, joint stock company or association, to the secretary of state, unless the defendant is an insurance company, in which case, to the commissioner of insurance, or to the president, secretary, cashier, treasurer, a director or managing agent thereof, if within the state, doing business for the defendant.

6. In all cases when a foreign corporation, joint stock company or association shall not have appointed wither the secretary of state or commissioner of insurance, as the case may be, as its lawful attorney upon home of process may be made, and such foreign corporation, joint stock company or association cannot be personally served with such process according to the provision of subdivision 5 of this section, it shall be lawful to serve such process on any person who shall be found within this state acting as the agent of, or doing business for such corporation, joint stock company or association. But the service provided for in this subdivision can be made upon a foreign corporation, joint stock company or association only when it has property within the state or the cause of action arose therein.

7. In all other cases, to the defendant personally; and if the defendant cannot conveniently be found, by leaving a copy thereof at his dwelling house in the presence of one or more of the members of his family over the age of fourteen years; or if the defendant resides in the family of another, with one of the members of the family in which he resides over the age of fourteen years. Service made in any of the modes provided in this section shall be taken and held to be personal service; and all writs, process or orders issued by any of the courts of this state or by the judges thereof in any action or proceeding shall be served in the manner and upon the person or officers mentioned in this section and none other, except in cases when service of papers can be made upon an attorney after his appearance as provided by this code.

[R.C. 1905, § 6838; C. Civ. P. 1877, § 102; 1881, ch. 37, § 1; 1897, ch. 74; R.C. 1899, § 5252.]

Service on husband by leaving copy with wife only at husband's domicile. Phelps v. McCollam, 10 N.D. 536, 88 N.W. 292; Massillon Engine & Thresher Co. v. Hubbard, 11 S.D. 325, 77 N.W. 588.

Attorney in fact of corporation not a managing agent. Mars v. Mining Company, 7 S.D. 605, 65 N.W. 19.

Service upon managing agent of foreign corporation. Foster v. Lumber Company, 5 S.D. 57, 58 N.W. 9, 49 Am. St. Rep. 859, 23 L.R.A. 490.

Service cannot be made on attorney by leaving summons with clerk. Lower v. Wilson, 9 S.D. 252, 68 N.W. 545, 62 Am. St. Rep. 865.

Inapplicable to service without the state. ''First Nat. Bank v. Holmes'', 12 N.D. 38, 94 N.W. 764.

Service of summons within the state upon a managing agent is sufficient. A station agent authorized to sell and collect passenger tickets and to receive and deliver freight and collect for freight shipments is a managing agent hereunder. ''Brown v. C.M. & St P. Ry. Co.'', 12 N.D. 61, 95 N.W. 153.

Personal service of notice required to be made in tax proceedings is not complied with by service registered mail. McKenzie v. Boynton, 19 N.D. 531, 125 N.W. 1059.