Constitutional Law - Due Process - Jurisdiction of State Court Over Nonresident Tortfeasor

Authors

J. Martin Cornell, University of Michigan Law School

Abstract

The defendant, a resident of Wisconsin, was engaged in the business of selling appliances and sent one of his employees to deliver a gas cooking stove to the plaintiff in Illinois. Claiming that the employee had negligently injured him in unloading the stove, the plaintiff brought action in Illinois, seeking damages of $7,500. A summons was personally served on the defendant in Wisconsin, and the defendant appeared specially, moving to quash the summons on the ground that the Illinois statute, providing for extraterritorial service on any person who commits a tortious act within the state, contravened the constitutions of the United States and Illinois. The lower court granted the motion quashing the service of summons. On appeal, held, reversed. The statute is not unconstitutional in authorizing service outside the state for a single tortious act committed within the state. Nelson v. Miller, (Ill. 1957) 143 N.E. (2d) 673.

Recommended Citation

J. M. Cornell, Constitutional Law - Due Process - Jurisdiction of State Court Over Nonresident Tortfeasor, 56 Mich. L. Rev. 444 (1958).
Available at: https://repository.law.umich.edu/mlr/vol56/iss3/10