
    George Heart v. The Lycoming Fire Insurance Company.
    Service of summons within the limits of the state, by mail, is authorized by the 24th section of the act of April 26, 1869 (66 Ohio L. 327), only in suits on policies outstanding in the hands of a resident of this state. It nowhere appears in this record that the policy sued on was or is outstanding in the hands of a resident of this state. The case is not therefore within the terms of the statute.
    Error to the Superior Court of Cincinnati.
    The defendant in error, a corporation of Pennsylvania, Laving qualified under the statutes of this state, issued from its office in the city of Cincinnati a policy of insurance to the Ensign Handle Company, on property situate in Clinton county, payable in case of loss to the plaintiff in error. It afterward ceased to do business in this state, and with•drew all its officers and agents, so that process could not be •served upon it in this state.
    Afterward, the plaintiff in error commenced the original action in the Superior Court of Cincinnati, against the defendant in error, upon said policy of insurance, and made service of summons by mail, as authorized by section 24 of the act of April 26,1867, as amended May 7,1869. 66 Ohio L. 827.
    Afterward, the court, on motion, set aside said service,, and dismissed the action.
    To reverse this judgment, this proceeding is now prosecuted.
    
      C. W. Cole, for plaintiff in error.
    
      Matthews, Ramsey $ Matthews, for defendant in error.
   By the Court.

Service of summons without the state by mail is authorized by section 24 of said act only in suits on policies outstanding in the hands of a resident of this state. It nowhere appears in the record before us that the plaintiff" or the Ensign Handle Company is, or ever was, a resident of Ohio. The facts of this case do not bring it within the terms of the statute.

Judgment affirmed.  