Conflict of Laws- Foreign Executors and Administrators - Constitutionality of Nonresident Motorist Statute Providing for Jurisdiction Over Personal Representatives

Authors

Thomas E. Kauper, University of Michigan Law SchoolFollow

Abstract

Decedent was killed when his car collided with another on a Missouri highway. Both the driver of the second car and its owner, residents of Nebraska, were also killed. Decedent's widow brought a wrongful death action. in Missouri against the Nebraska-appointed adminstratrixes of the estates of the driver and the owner of the second car. Summonses were served on the Secretary of State of Missouri in compliance with the Missouri Long Arm Statute which specifically provides for service upon and jurisdiction over the administrators of the estates of nonresident motorists. The trial court overruled defendants' motions to quash: On petition for writ of prohibition, urging that the trial court had no jurisdiction, held, preliminary rule in prohibition discharged. The statute is a constitutional exercise of the police power. The assumption of jurisdiction over the foreign administratrix of the estate of a nonresident motorist involved in an accident in the state does not violate due process. State ex rel. Sullivan v. Cross, (Mo. 1958) 314 S.W. (2d) 889.

Recommended Citation

Thomas E. Kauper, Conflict of Laws- Foreign Executors and Administrators - Constitutionality of Nonresident Motorist Statute Providing for Jurisdiction Over Personal Representatives, 57 Mich. L. Rev. 406 (1959).
Available at: https://repository.law.umich.edu/mlr/vol57/iss3/6