Webb Packing Co. v. Harmon
Decision Date | 09 June 1937 |
Citation | 193 A. 596,38 Del. 476 |
Court | Delaware Superior Court |
Parties | WEBB PACKING COMPANY, a corporation of the State of Maryland, v. FRED T. HARMON and FOREST L. HARMON, trading as Fred T. Harmon and Brother |
Superior Court for New Castle County, No. 158, September Term, 1934.
Case heard on petition to vacate a judgment entered by default for defects in the service of the process which were apparent on the face of the record.
The prayer of the petition is granted, and the Prothonotary of New Castle County is directed to mark the judgment vacated on the record.
John W Huxley, Jr., for plaintiff.
James M. Tunnell for petitioners.
OPINION
The defendants in this case being residents of the State of Virginia, availed themselves of the privilege of using the public highways of the State of Delaware, with a motor vehicle not registered in Delaware. Their said motor vehicle became involved in an accident while being so operated in Delaware. Consequently suit was brought against them in Delaware to recover damages for injuries resulting from said accident. The plaintiff attempted to obtain service of process on the defendants under the provisions of Chapter 225, Volume 35, Laws of Delaware, which are in these terms:
It has long been a principle of the common law, that the jurisdiction of the courts extends no farther than their territorial boundaries. This being true they cannot legally send their process beyond those limits. The general use of the motor vehicle has eliminated distance, and caused an ever increasing number of non-residents to use our highways for both pleasure and commercial purposes.
In order to provide a method of serving process upon such non-residents, in civil actions growing out of the use of our highways with motor vehicles, the statute above referred to was enacted. Similar statutes have been passed by the legislatures of many states in this country. But the courts of those states have uniformly held that such statutes, being in derogation of the common law, must be strictly construed and strictly followed.
Felstead v. Eastern Shore Express, Inc., 5 W. W. Harr. (35 Del.) 171, 160 A. 910; Winslow v....
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Monacelli v. Grimes
...of the legal effect of the service was held to invalidate the service. This holding was reaffirmed in Webb Packing Co. v. Harmon, 8 W.W.Harr. 476, 38 Del. 476, 193 A. 596. The requirement, as embodying a legislative policy, was held to be mandatory. In Syracuse Trust Co. v. Keller, 5 W.W.Ha......
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Kerr v. Greenstein
...Other cases sustaining the above statements are: Commonwealth v. Maryland Casualty Co., 6 Cir., 112 F.2d 352; Webb Packing Co. v. Harmon, 38 Del. 476, 193 A. 596; Rose v. Gisi, 139 Neb. 593, 298 N.W. 333. II. Historical Study of Our Statute. Having therefore decided that our non-resident mo......
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Kerr v. Greenstein
... ... cases of Berryman v. Cudahy Packing Co., ... 189 Ark. 1151, 76 S.W.2d 956 and Yocum v ... Oklahoma Tire & Supply Co., 191 Ark ... Commonwealth v. Maryland Casualty Co., 112 ... F.2d 352; Webb Packing Co. v. Harmon, 38 ... Del. 476, 193 At. 596; Rose v. Gisi, 139 ... Neb. 593, 298 ... ...