Zahler v. Manning

KELLY, Justice.

On March 31,1978, plaintiff attempted to initiate suit against defendants under the nonresident motorists statute, Minn.Stat. § 170.55 (1978), by sending a copy of the summons and complaint to the Commissioner of Public Safety. Defendants brought a motion to dismiss for insufficiency of service of process under Minn.R.Civ.P. 12.02(4), alleging that defendant Manning had been continuously a resident of the State, and defendant Smith was continuously a resident until she died in 1975, and thus the defendants could not be served under the nonresident motorists statute. This motion…