Hess v. Pawloski
Court | United States Supreme Court |
Citation | 47 S.Ct. 632,71 L.Ed. 1091,274 U.S. 352 |
Docket Number | No. 263,263 |
Parties | HESS v. PAWLOSKI |
Decision Date | 16 May 1927 |
Messrs. George Gowen Parry, of Philadelphia, Pa., and John L. Hall, of Boston, Mass., for plaintiff in error.
Mr. Harry J. Meleski, of Worcester, Mass., for defendant in error.
This action was brought by defendant in error to recover damages for personal injuries. The declaration alleged that plaintiff in error negligently and wantonly drove a motor vehicle on a public highway in Massachusetts, and that by reason thereof the vehicle struck and injured defendant in error. Plaintiff in error is a resident of Pennsylvania. No personal service was made on him, and no property belonging to him was attached. The service of process was made in compliance with chapter 90, General Laws of Massachusetts, Stat. 1923, c. 431, § 2, the material parts of which follow:
Plaintiff in error appeared specially for the purpose of contesting jurisdiction, and filed an answer in abatement and moved to dismiss on the ground that the service of process, if sustained, would deprive him of his property without due process of law, in violation of the Fourteenth Amendment. The court overruled the answer in abatement and denied the motion. The Supreme Judicial Court held the statute to be a valid exercise of the police power, and affirmed the order. Pawloski v. Hess, 250 Mass. 22, 144 N. E. 760, 35 A. L. R. 945. At the trial the contention was renewed and again denied. Plaintiff in error excepted. The jury returned a verdict for defendant in error. The exceptions were overruled by the Supreme Judicial Court. Pawloski v. Hess, 253 Mass. 478, 149 N. E. 122. Thereupon the superior court entered judgment. The writ of error was allowed by the Chief Justice of that court.
The question is whether the Massachusetts enactment contravenes the due process clause of the Fourteenth Amendment.
The process of a court of one state cannot run into another and summon a party there domiciled to respond to proceedings against him. Notice sent outside the state to a nonresident is unavailing to give jurisdiction in an action against him personally for money recovery. Pennoyer v. Neff, 95 U. S. 741, 24 L. Ed. 565. There must be actual service within the state of notice upon him or upon some one authorized to accept service for him. Goldey v. Morning News, 156 U. S. 518, 15 S. Ct. 559, 39 L. Ed. 517. A personal judgment rendered against a nonresident, who has neither been served with process nor appeared in the suit, is without validity. McDonald v. Mabee, 243 U. S. 90, 37 S. Ct. 343, 61 L. Ed. 608, L. R. A. 1917F, 458. The mere transaction of business in a state by nonresident natural persons does not imply consent to be bound by the process of its courts. Flexner v....
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