Wall Rope Works, Inc. v. Sperling
| Decision Date | 04 June 1936 |
| Docket Number | No. 435.,435. |
| Citation | 185 A. 477 |
| Parties | WALL ROPE WORKS, Inc., v. SPERLING. |
| Court | New Jersey Supreme Court |
Appeal from District Court, Burlington County.
Action by Wall Rope Works, Incorporated, against Fred Sperling. From a judgment setting aside service of process, plaintiff appeals.
Affirmed.
Argued May term, 1936, before BODINE and HEHER, JJ.
Samuel T. French, Jr., and Samuel T. French, both of Camden, for appellant.
Bayard Allen and Ralph W. Haines, both of Mount Holly, for appellee.
The appellant brought an action in the First judicial court of the county of Burlington. The action arose out of a collision which occurred October 18, 1935, between a truck owned by the plaintiff and a truck owned by the defendant, a non-resident. It occurred on route No. 25 at Parry, N. J. The district court process was forwarded to the commissioner of motor vehicles, who, at the direction of counsel for the plaintiff, forwarded a copy of the summons and complaint to J. Guy Bell, sheriff of Upper Marlboro, Md., who served the defendant personally at his home at Hyattsville, Md.
The district court set aside the service of process, and the plaintiff appeals. Pamphlet Laws 1933, c. 69 (N.J.St.Annual 1933, § 135—96a (1), in part provides that non-resident operators of motor vehicles by the acceptance and the operation of motor vehicles within the state of New Jersey constitute the commissioner of motor vehicles agent for the acceptance of any process in any civil suit or proceeding by any resident of this state against the operator or the owner of such motor vehicle, arising out of or by reason of any accident or collision occurring within this state. The acceptance of the privilege or the operation of the motor vehicle amounts to an agreement that the process which is so served shall be of the same legal force and validity as if served personally. The statute expressly provides that: "Service of such process shall be made by leaving the original and a copy of the summons and complaint, with a fee of two dollars, in the hands of the Commissioner of Motor Vehicles of the State of New Jersey, or someone designated by him in his office, and such service shall be sufficient service upon the said non-resident chauffeur, operator or owner; provided, that notice of such service and the copy of the summons and complaint are forthwith sent by registered mail to the defendant by the Commissioner of Motor Vehicles," etc.
The district court in Burlington...
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Mann v. Shelzi.
...Court, under the same statute, as to the District Courts, which similarly have jurisdiction county-wide only. Wall Rope Works, Inc., v. Sperling, 116 N.J.L. 449, 185 A. 477; MacPhail v. Nassau, 184 A. 633, 14 N.J.Misc. 292. True, there is some force to plaintiffs' contention that in providi......
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Mann v. Shelzi.
...Court, under the same statute as to the District Courts, which similarly have jurisdiction county-wide only. Wall Rope Works, Inc., v. Sperling, 116 N.J.L. 449, 185 A. 477; MacPhail v. Nassau, 184 A. 633, 14 N.J.Misc. 292. 'True, there is some force to plaintiffs' contention that in providi......
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Beca Realty, Inc. v. Eisberg
...County has no jurisdiction to cause its process to be served beyond the confines of the county.' Wall Rope Works, Inc. v. Sperling, 116 N.J.L. 449, 185 A. 477 (Sup.Ct.1936). See also, MacPhail v. Nassau, 14 N.J.Misc. 292, 184 A. 633, D.Ct. (1936); Mohr v. Sonnet, 17 N.J.Misc. 226, 8 A.2d 10......
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Mohr v. Sonnet
...such territorial jurisdiction as it sees fit. MacPhail et al. v. Nassau, 184 A. 633, 14 N.J.Misc. 292. See, also, Wall Rope Works Inc. v. Sperling, 116 N.J.L. 449, 185 A. 477. The territorial jurisdiction of the Perth Amboy District Court is confined to Middlesex County and was not enlarged......