Harrison v. . Corley
Supreme Court of North Carolina
Appeal by defendant Southeastern Air Service, Inc., from Bobbitt, J., at January Term, 1946, of McDowell. Civil action to recover damages for wrongful death, heard on motion by the corporate defendant, made on special appearance, to quash the summons herein and to invalidate the attempted service thereof.
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Appeal by defendant Southeastern Air Service, Inc., from Bobbitt, J., at January Term, 1946, of McDowell. Civil action to recover damages for wrongful death, heard on motion by the corporate defendant, made on special appearance, to quash the summons herein and to invalidate the attempted service thereof. The airplane accident which caused the death of plaintiff’s intestate, a student pilot, occurred on 31 December, 1944. The appellant, an undomesticated foreign corporation, on 19 April, 1945, withdrew all of its property then in the State and discontinued the operation, of the four airports…
1Opinion of the CourtBaeNhill, J.
The merits of plaintiff’s claim are not presented for review. The sole question posed for decision is whether the appellant, a foreign corporation, has been brought into court by a valid service of process. If not, the court is without jurisdiction and the action as to it must be dismissed.
The answer depends upon whether appellant, on 31 December, 1944, the day the alleged liability for damages was incurred, was engaged in business activities within this State. In the last analysis the question is one of due process of law under the Constitution of the United States, U. S. Const., Amend. 14…
2Cases cited13 opinions
- People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
- St. Louis Southwestern Railway Co. of Texas v. AlexanderSupreme Court of the United States · 1913
- Consolidated Textile Corp. v. GregorySupreme Court of the United States · 1933
- Fisher v. Insurance Co.Supreme Court of North Carolina · 1904
- State Ex Rel. Anderson-Oliver v. United States Fidelity Co.Supreme Court of North Carolina · 1917
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- Moore v. McKibbon Bros., Inc.District Court, N.D. Georgia · 1998
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