Cella Commission Co. v. Bohlinger

Citations

• 147 F. 419
• 8 L.R.A.N.S. 537
• 1906 U.S. App. LEXIS 4251

Syllabus

<p>1. Constitutional Law — Service of Summons on State Auditor for Foreign Corporation Not Due Process of Law.</p> <p>The act of the Legislature of Arkansas of February 26, 1001, Kirby’s Dig. § 835, which authorizes a personal judgment against any foreign corporation on any cause of action in favor of a resident or citizen of that state upon service of a summons upon the Auditor of the state, of Arkansas, is violative of the fourteenth article of amendments to the Constitution, because it authorizes judgment without the notice to the defendant of the hearing and proposed adjudication in Ms case, which is indispensable to constitute due process of law.</p> <p>[Ed. Note. — For cases in point, see vol. 10, Cent. Dig. Constitutional Law, §929.</p> <p>Service of 'process on foreign corporations, see note to Eldred v. American Palace-Car Co., 45 C. C. A. 3.]</p> <p>2. Judgment — Substituted Service Insufficient Except by Consent os to Extent of Property in State.</p> <p>In the absence of consent or of property in the state, which by attachment, or otherwise, has become the subject or object of the action, nothing short of service of a summons upon the defendant within the state or his appearance in the action will give to a court the jurisdiction requisito to sustain a personal judgment against a nonresident of the state or a foreign corporation.</p> <p>3. Statutes — When Constitutional Part Sustained While Unconstitutional Part Fails.</p> <p>Where a part of a statute is constitutional and a part is unconstitutional, the former may be sustained in many cases where the latter fails.</p> <p>Indispensable conditions of such a result are that the constitutional part and the unconstitutional part are capable of separation so that each may be read and may stand by itself, and that the unconstitutional part is not so connected with the general scope of the law that it is impossible to give effect to the intention of the Legislature in its enactment without it.</p> <p>[Ed. Note.