Chamberlin v. Mammoth Mining Co.

1. The president is the proper party upon whom to serve process against a corporation, and may appear and confess a judgment for the corporation. 2. The statutory provision (R. C. 1845) that confessions of judgments before justices of the peace shall be in writing, by its express terms, does not extend to confessions in actions commenced by process.

•Appeal from Jefferson Circuit Court. This was a motion to quash an execution in favor of the respondents againt the Mammoth Mining Company, issued from the Circuit Court upon a transcript of a judgment recovered before a justice of the peace. At the trial, the transcript was read in evidence, in which the title of the cause was stated as follows : “ Frederick B. Chamberlin “ Co.” & Levi Churchill, Thomas Felch, agent in Jefferson county, Mo., vs. The Mammoth Mining Co., by J. Y. Redding.” The justice testified that the word “ Co.,” which appeared upon the transcript, did not' appear in the original entry upon his docket, and thereupon the court permitted him to alter the transcript, so as to make it ■conform to his docket. The transcript showed that process was served on J. Y. Redding, and that upon the return day of the summons, Redding appeared for the company and confessed a judgment. A witness testified that Redding was then the acting president of the company. The motion to quash was overruled, and the movers appealed. C. Jones, for appellant. 1. The confession was not in writing, as required by statute. (R. C. 1845, tit. Justices’ Courts, art. 6, §2.) 2. Redding bad no authority whatever to confess judgment for the company. 8, The court had no authority to permit the amendment.