Page:Federal Reporter, 1st Series, Volume 10.djvu/709

 MOCH V. VIEGIKIA FIBE <fc MABINE INS. 00. 697 �policy of insurance sued upon there was signed by the chief officers of the Company in Eiclimond, Virginia, and was countersigned by "Douglas West, general agent," and by "John W. Taber, agent." The petition (declaration) averred that the contract of Insurance had becn made through Taber, as agent of defendant. The term of the court at which the judgment in Louisiana was rendered, began on Monday, the seventh of April, 1879. On the next day, the 8th, there was an entry of "default." On the twelfth of April the defendant appeared, as shown in the following entry: �" Xow cornes the defendant by attoniey, who appeara alone to file thls ex- ception, and alleges that this court is without jurisdiction to try this suit: (1) Because the defendant has not been legally cited to answerthe demand of the plaintiff. (2) Because the person upou whom citation is allegedto have been served is not now, and never was, such agent of the defendant as that service of citation upon him would bind the said defendant or bring it into court. Wherefore, the defendant prays that this suit be dismissed at plaintifE's cost. " DuNCAN & MoNCURE, Attornsys for Defendant." �On the same day, the twelfth of April, judgment was entered in the following terms : �" In this cause, by reason of the judgmeut by default regularly taken, and not having been set aside, aiul the plaintiffs having proven their demands, the law and the evidence being in favor of plaintiffs and against defendant, it is hereby ordered, adjudged, and decreed that the plaintiffs do have and recover of defendant the f nll sum of $3,000, with 5 per centum per annum thereon from judicial demand, January 15, 1879, and all costs. Done," etc. �There was no appeal to a higher court from this judgment, and it stands nnreversed in the court in which it was rendered. �A statute of Louisiana, approved February 26, 1877, and still in force, provides in the first section as follows : �" 1. Be it enacted, etc., that no insurance company organized under the laws of any other state or any foveign government, shall, directly or indirectly, take risks or transact any business through an agent in this state until such insur- ance Company shall have flled in the office of the secretary of state a certifled copy of the vote or resolution of the trustees or directors of said company appointing such agent to transact business and take risks, accoinpanied by a warrant of appointment under the officiai seal of the company, and signed by the president and secretary. Sucli warrant shall continue valid and irrevoca- ble until another agent fehall be substituted, so that at all times, while any liability remains outstanding, there shall be within this state an agent or attorney aforesaid; and such warrant shall not be valid unless it con tains a consent expressed that service of legal process, original, mesne, or final, on such agent shall be taken and held as valid as if served on the company, and ��� �