¶1Concurring in part and dissenting in part. I concur with that portion of the majority opinion which reverses the district court and the Court of Appeals as to defendant Bayles.
¶2I dissent from that portion of the majority opinion which affirms the trial court and the Court of Appeals as to defendant Sumner. Dr. Sumner is a practicing physician in the community of Fredonia, the county seat of Wilson County. Dr. Sumner was county coroner in this county of 12,000 people. The sheriff s office had served a number of subpoenas upon the doctor by leaving the same with his receptionist. The doctor had accepted such service and never objected to the manner of service. There is no question that the doctor actually received the summons herein.
¶3The facts before us are readily distinguishable from the cases cited by the Court of Appeals relative to service upon secretaries. In the case before us, service of process upon the doctor was relatively common. For his convenience and as a part of his office procedure his receptionist accepted all service of process. The sheriff and the doctor were acquainted. The rather informal arrangement for service of process upon the doctor was in accordance with their usual manner of doing business.
¶4I do not believe a person can set up and operate under a procedure, in technical violation of the service of process statute, *490and then cry “foul” when it is to his advantage to do so. Under the unique circumstances herein, I believe the service can and should be upheld on the ground of agency, waiver, or estoppel, as all three apply.