Page:Federal Reporter, 1st Series, Volume 8.djvu/96

S3 nSDEBAL BSFOBTliB. �service of process In that state, who contlnued to act as such up to the tlma of the war, but not thereafter, to defendant's knowledge or with ita consent, ■vrhose authority was not, however, formally revoked until 1866. This agent died in 1876, and one Edrington became hls administrator. The death of the insured occurred in 1869, and in 1878 this plaintifl, the administrator upon his estate, brought a suit in a state court against this defendant by serving proces» upon Edrington, who had no authority from the defendant to accept service, and was not its agent, unless made so by the act of 1877. There was no appear- ance for the defendant, and the plaintiff recovered a judgment upon which this action was brought, Edd, that the state court had no jurisdiction 4. Samb — Samb — Virginia, Act of 1877. �Eddffurther, that Edrington was not made the defendant'a agent by this act ; that the act was prospective, not retrospective. �Wm. L. Royall, for plaintiff. �Henry C. Robinson, for defendant. �SmpMAN, D. J. This is an action at law upon a Judgment ren- dered by the circuit court of the city of Fredericksburg, in the state of Virginia. The defendant made no appearance in that court, and defends here upon the ground that it was never served with process, and that the court of Virginia had no jurisdiction. By written stipulation of the parties a jury was waived, and the case was tried by the court upon an agreed statement of facts. �In 1852 the defendant, a Connectiout corporation, insured the life of Lewis EUis, a citizen of Virginia, for the sum of $3,000, upon consideration that it should be annually paid thenceforth, and to the end of his life, a specified premium of insurance. No premiums were paid after June 28, 1860. Before that date they had been duly paid. Said Ellis died in the year 1869. �In the year 1856 the general assembly of Virginia passed a statute providing, in substance, as follows : �Section 1. Be it enacted by the general assembly, that no life insurance company, unless incorporated by the legislature of this commonwealth, shall make any contracts of life insurance witMn this state until such insurance company shall have complied with the provisions of this act. �Sec. 2. Every such insurance company shall, by a written power of attorney, appoint some citizen of this commonwealth resident therein its agent or attorney, who shall accept service of all lawf iil processea against such com- pany in this commonwealth, and cause an appearance to be entered in any action in like manner as if such corporation had existed and been duly served with process witliln this state. �Sec. 3. A copy of such power of attorney, duly certified and authenticated, shall be flled with the auditor of public accounts of this cominonwealth, and copies thereof, duly certified by said auditor, shall be received in evidence in all courts of this commonwealth. �Sec. 4. If any such agent or attorney shall die or resign or be removed, it shall be the duty of such corporation to make a new appoiutment, as afore- ��� �