Albert Grabner v. Willys Motors, Inc., a Corporation
Opinion
Opinion
Hamley, J.
This Oregon negligence action accrued on October 17, 1956, when Albert B. Crabner received the injuries for which he here seeks damages. Defendant Willys Motors, Inc., is a foreign corporation which had withdrawn from Oregon after the cause of action arose but before the complaint was filed on September 8, 1958. Plaintiff therefore attempted toserve defendant by sending the summons and complaint to the state corporation commissioner by certified mail.
Holding that in the case of a withdrawn corporation there must be personal service upon the commissioner, the district court quashed the service. As no other service was made prior to the running of the applicable statute of limitations, the court later entered a summary judgment dismissing the action. Plaintiff appeals, contending that the service by certified mail was valid and that in any event defendant does not have standing to complain as to the manner of service.
Appellee has moved to dismiss the appeal, arguing that appellant should have appealed from the order of December 24, 1958, quashing the service rather than the order of April 20,1959, granting summary judgment.