Civil Procedure - Process - Immunity from Service of Nonresident Entering State to Discuss Settlement of a Dispute

Authors

Edward M. Heppenstall, University of Michigan Law School

Abstract

Defendant, a resident of Idaho, leased a service station in Idaho from plaintiff, a Utah corporation. Plaintiff's attorney travelled to Idaho to attempt settlement of difficulties which had arisen concerning the lease. When the Idaho negotiations failed, plaintiff invited defendant to make further attempts at settlement in Utah. Defendant accepted the proposal and, when the Utah negotiations proved unfruitful, defendant was served with process in Utah at plaintiff's request. It was undisputed that defendant went to Utah solely to effect settlement, returning directly to Idaho after cessation of negotiations. On appeal from the trial court's denial of defendant's motion to quash service, held, reversed, one judge dissenting. Actual fraudulent intent in inducing a defendant to enter a state is not necessary to invalidate service of process on such defendant. When defendant was invited into the state to discuss settlement of a dispute and came for that sole purpose, he was not subject to service of civil process in the absence of notice by the party extending the invitation that he would be served with process if the attempted settlement failed. Western States Refining Co. v. Berry, (Utah 1957) 313 P. (2d) 480.

Recommended Citation

Edward M. Heppenstall, Civil Procedure - Process - Immunity from Service of Nonresident Entering State to Discuss Settlement of a Dispute, 56 Mich. L. Rev. 442 (1958).
Available at: https://repository.law.umich.edu/mlr/vol56/iss3/9