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This is an original proceeding in mandamus, the purpose of which is to require the respondent Judge to proceed with an action
in which the trial court quashed the service of the summons on the ground the venue was improper as to each defendant. The
question involved is whether an action may be maintained against a foreign insurance company and its employee, or either of
them, in the county where the insurance company maintains its principal office when the insurance company has not filed with
the secretary of state a designation of a registered office and registered agent, and the co-defendant employee resides in
a county other than that in which the suit is brought. The relator Leonard A. Stamm sued William Moore and The Equitable Life Assurance Society of The United States jointly in
the Circuit Court of the City of St. Louis to recover damages arising out of an automobile collision. An agreed statement
of facts stipulates that the accident occurred in the City of St. Louis where Stamm lived; that the insurance company, a New
York corporation, maintains an office for the transaction of its business in the City of St. Louis which is its divisional
office for Missouri and twelve other states; that summons was first served upon the insurance company by the sheriff of the
City of St. Louis in that city, but subsequently the insurance company was summoned by the service of process upon the superintendent
of insurance in Cole County; that the defendant Moore, alleged to be an employee and servant of the insurance company, was
served with summons in the County of St. Louis, his place of residence, and that the defendant insurance company had not designated
a registered office in Missouri pursuant to § 351.620 or § 351.370, RSMo 1949, V.A.M.S.

Professional & Technical
December 12
LawApp Publishers

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