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Horrigan Contracting Company, a corporation of the State of Delaware, to the use of Gormerly-Swartz Motor Car Company, a corporation of the State of Pennsylvania, vs. Columbia Insurance Company, a corporation of the State of New Jersey

Delaware Superior Court1913-10-06
4 Boyce 45427 Del. 454

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Pennewill, C. J.,

delivering the opinion of the court:

This return shows an attempted service upon the insurance commissioner by leaving a copy, and we think that inasmuch as an alternative service is provided for in the statute, a service by leaving a copy would not be a legal service. The statute expressly provides how service shall be made in the absence of the insurance commissioner, and that is, upon some person in the office designated by the commissioner. Upon such person process may be served, and manifestly the statute means that it shall be personal service. Moreover, service by copy can only be made by authority of statute, and no such authority is given expressly or by implication.