Legal Opinion

Kane v. New Jersey

Supreme Court of the United States

Decided December 4, 1916No. 51PublishedCited by 341 opinions

ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. The case is stated in the opinion. The- history of the legislation, with § 37 of the statute, providing for thei disposition of the moneys received, proves that the Legislature intended to impose the fees for revenue purposes. The record shows affirmatively that in a very short périod the income was vastly in excess of the cost of registration and inspection. This was pure profit.

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ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. The case is stated in the opinion. The- history of the legislation, with § 37 of the statute, providing for thei disposition of the moneys received, proves that the Legislature intended to impose the fees for revenue purposes. The record shows affirmatively that in a very short périod the income was vastly in excess of the cost of registration and inspection. This was pure profit. In this important respect the case differs very materially from Hendrick v. Maryland, 235 U. S. 610, for there the fees were no more than…

1Opinion of the Court

Mr. Justice Brandéis

delivered the opinion of the court.

The New Jersey automobile law of 1906, as amended in 1908 (P. L. 1908, p. 613), provides in substance that no person, whether a resident or nonresident of the State, shall drive an automobile upon a public highway unless he shall.have been licensed so to do and the automobile shall have been registered under the statute; and also that a nonresident owner shall appoint the Secretary of State his attorney upon whom process may be served "in any action or legal proceeding caused by the operation of his registered motor vehicle, within this…

2Cases cited1 opinion

  1. Hendrick v. MarylandSupreme Court of the United States · 1915

3Cited by341 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Hess v. PawloskiSupreme Court of the United States · 1927
  3. Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
  4. New Energy Co. of Indiana v. LimbachSupreme Court of the United States · 1988
  5. Sproles v. BinfordSupreme Court of the United States · 1932

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