Caldwell v. Armour

Citations

• 17 Del. 545
• 1 Penne. 545
• 43 A. 517
• 1899 Del. LEXIS 62

Syllabus

<p>Federal Constitution— Validity of Statute—Service of Summons— Non Resident—Due Process of Law—Non Resident Corporations—-furisdiction of Court.</p> <p>i. An alias summons, served pursuant to Chapter 192, Vol. zz, Laws of Delaware, which provides for the service of a writ of summons, when the defendants do not reside in the state, but are doing business therein by a branch establishment or agency, held invalid and set aside; and the statute, so far as the same is applicable to this case, declared to be unconstitutional, being in violation of Section 2 of Article 4, of the Constitution of the United States, and also in violation of Section z of the Z4th Amendment.</p> <p>' 2. A non resident citizen by doing business in this state by branch establishment or agency, does not thereby assent to such service of process as our laws may prescribe. It might be different as to corporations of other ^ states, because corporations are not citizens within the meaning of Section 2s of Article 4, of the Federal Constitution. The term citizens as there used applies only to natural persons. Corporations are the creatures of the local law, and have no right of recognition in other states without their assent, and upon such terms as they may impose. But a natural person, citizen of another state, carries on business here, not by virtue of the consent of this state, but by virtue of a right secured to him by the Constitution of the United States, and from the exercise of that right no assent can be implied that he will submit to a mode of service in personal actions different from that provided in case of citizens of this state.</p> <p>3. When the question involved is a federal one, the decisions of the Supreme Court of the United States are to be regarded as binding upon this court.</p> <p>4. No court can, in the ordinary administration of justice in common law proceedings, exercise jurisdiction over a party unless he shall voluntarily appear, or is found within the jurisdiction of