Muckenfuss v. Southern Transp.

• Decision Date: 14 March 1944
• Docket Number: 15632.
• Parties: MUCKENFUSS v. SOUTHERN TRANSP., Inc. (two cases).
• Court: South Carolina Supreme Court

29 S.E.2d 486

204 S.C. 369

MUCKENFUSS v. SOUTHERN TRANSP., Inc. (two cases).

No. 15632.

Supreme Court of South Carolina

March 14, 1944

Thomas Cain & Black, of Columbia, for appellant.

J D. Parler, of St. George, for respondent.

BAKER Chief Justice.

These two actions were commenced by the respondents in the Court of Common Pleas for Dorchester County, by delivering two copies of the summons and complaints to the secretary of the Public Service Commission, who in turn transmitted copies thereof to the appellant, in accordance with the provisions of Section 8511 of the Code of 1942.

The actions were begun on September 29, 1943, seeking the recovery of damages for personal injuries and for property damage by the respective respondents, alleged to have been sustained by reason of the negligent operation on September 21, 1943 of one of appellant's trucks, a Ford truck bearing 1943 S. C. License No. N-3187, and one Great Dane trailer, bearing S. C. License No. 8308, while being driven in Dorchester County on highway No. 178, and while being used in appellant's business of contract carrier of freight.

The appellant promptly served a Special Appearance, reading as follows:

"The defendant above named, by its attorneys, the undersigned, appearing specially and for the sole purpose of objecting to the jurisdiction of this Court, respectfully avers that the Court has no jurisdiction of the person of the defendant and that the attempted service of process upon it was made by the delivery of copies of the summons and complaint herein to the Director of the Motor Transportation Division of the South Carolina Public Service Commission pursuant to Section 8511, Code of Laws 1942, inasmuch as at the time and upon the occasion referred to in said complaint the Ford truck and trailer described therein was not being operated subject to the control, supervision and regulation of the said commission, under the provisions of Chapter 162 of the Code of Laws of South Carolina, 1942, which chapter includes the section of the Code above referred to; and because at the time and on the occasion in question no certificate, pursuant to said laws, had been issued by the commission or was then in force covering the ownership and operation of said truck and trailer, and therefore the director of said commission was not qualified to be served or to accept service so as to confer jurisdiction upon the Court over the person of this defendant, and therefore such attempted service is void, ineffectual and should be held for naught."

Certain documentary evidence was submitted on behalf of the appellant and the respondents when a motion of appellant to set aside and vacate the service was heard by Honorable M. M. Mann, Judge of the First Judicial Circuit, at Chambers, St. Matthews, S. C. Judge Mann refused the motion, merely stating his opinion "that on the record, including the pleadings, together with the certificates from the Public Service Commission, a department of our State Government, a substantial showing as to sufficient service on the defendant in this case has been made."

The sole question involved in this appeal is: Was the service of the summons and complaints as made sufficient for the Court of Common Pleas for Dorchester County to acquire jurisdiction of the person of appellant?

The appellant is a South Carolina Corporation, with its principal place of business at Barnwell, S. C. At the time of the alleged negligent operation of its truck and trailer, there was in full force and effect a class F. certificate permitting contract hauling, which had been...