Lindsay v. Short
| Citation | 186 S.E. 239,210 N.C. 287 |
| Decision Date | 15 June 1936 |
| Docket Number | No. 751.,751. |
| Parties | LINDSAY. v. SHORT. |
| Court | United States State Supreme Court of North Carolina |
Appeal from Superior Court, Rockingham County; Warlick, Judge.
Action by F. J. Lindsay against J. F. Short, trading and doing business as J. F. Short, Local and Long Distance Hauling, of Halifax, Virginia. From an adverse judgment, defendant appeals.
Reversed.
This was a civil action to recover damages (1) for injuries arising out of a collision between the automobile of the plaintiff and the truck of the defendant, alleged to have been caused by the negligence of the defendant, and (2) for abuse of process in having the plaintiff arrested.
Service of summons was had upon the commissioner of revenue of North Carolina, as agent of the nonresident defendant, J. F. Short, under chapter 75, § 1 Public Laws 1929, section 491(a), N.C Code 1935 (Michie). The defendant entered a special appearance and moved to dismiss the alleged cause of action for abuse of process for the reason that the court was without jurisdiction thereof, due to the fact that there had been no legal and valid service of process therein. The motion was granted by the clerk of the court, but, upon appeal, was denied by the judge holding the courts of the district, and the defendant appealed to the Supreme. Court, assigning such denial as error.
Brown & Trotter, of Reidsville, for appellant.
Sharp & Sharp, of Reidsville, for appellee.
"The right to dismiss an action for want of jurisdiction by entering a special appearance for the purpose is imbedded in our procedure." Smith v. Haughton, 206 N.C. 587, 174 S.E. 506, 507.
It is provided by the statute, section 491(a), N.C.Code 1935 (Michie), that the acceptance by a nonresident of the right and privilege to operate a motor vehicle on the public highways of the state "shall be deemed equivalent to the appointment by such nonresident of the Commissioner of Revenue * * * to be his true and lawful attorney upon whom may be served all summonses or other lawful process in any action or proceeding against him, growing out of any accident or collision in which said non-resident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle on such public highway of this State, and said acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and vitality as if served on him personally."
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Williams v. Cooper
...presenting the question for decision. Four County Agricultural Credit Corp. v. Satterfield, 218 N.C. 298, 10 S.E.2d 914; Lindsay v. Short, 210 N.C. 287, 186 S.E. 239; Smith v. Haughton, 206 N.C. 587, 174 S.E. Suskin v. Maryland Trust Co., 213 N.C. 388, 196 S.E. 407; Bank v. Derby, 215 N.C. ......
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Nationwide Mut. Ins. Co. v. Roberts, 379
...is one for a declaratory judgment to construe a contract of insurance. It does not arise out of an automobile collision. Lindsay v. Short, 210 N.C. 287, 186 S.E. 239. The Superior Court has jurisdiction to render a declaratory judgment only when the pleadings and evidence disclose the exist......
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Secured Cas. Ins. Co. v. Sinelnikoff
...of the summons and complaint thereunder was properly vacated. Cf. Feinberg v. Apone, 201 Misc. 437, 114 N.Y.S.2d 472, and Lindsay v. Short, 210 N.C. 287, 186 S.E. 239. ...
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Aldrich v. Johns, 36051
...the courts of Georgia could not acquire jurisdiction under the Nonresident Motorists Act for the reasons stated above. In Lindsay v. Short, 210 N.C. 287, 186 S.E. 239, the Supreme Court of North Carolina said, in considering a North Carolina nonresident motorist statute similar to our own: ......