|
''Hess v. Pawloski'', 274 U.S. 352 (1927), was a case in which the Supreme Court of the United States held that a statute designating the Massachusetts registrar of motor vehicles as agent for purpose of service of process for out-of-state non-resident motorists complies with the Due Process Clause of the Fourteenth Amendment. ==Background== Hess, a Pennsylvania resident, was involved in a car accident with Pawloski, a Massachusetts resident, while driving in Worcester, Massachusetts. At the time of the accident, a Massachusetts statute stated that a non-resident motorist implicitly consented to the appointment of the registrar of motor vehicles to act as his agent for service of process in the Commonwealth of Massachusetts, and that personal service served upon the registrar was to be as valid as personal service upon the defendant, so long as a copy of the process was forwarded by registered mail to the defendant at the defendant's last known address. This legal concept of "implied consent" allowed Massachusetts to exercise jurisdiction over nonresidents who were not present in the state at the time service of process was executed upon the agent as stipulated in the statute. In the Massachusetts court, Hess appeared specially to contest jurisdiction but not answer the claim against him. His motion to dismiss was denied. On appeal, Hess argued that the Massachusetts statute at issue in the case was an unconstitutional exercise of the Commonwealth of Massachusetts's police power in light of the Due Process Clause of the Fourteenth Amendment, and that Massachusetts could not exercise personal jurisdiction over him because #he was not a resident of the state, #he was not personally served while in Massachusetts, and #he never consented to the appointment of an agent for service of process. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Hess v. Pawloski」の詳細全文を読む スポンサード リンク
|