Del. C. » Title 10 — Procedure · CHAPTER 31. Process; Commencement of Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 3112 (2026)

Service of process on nonresident operators of motor vehicles [Repealed]

✓ current as of May 2026
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Repealed by 76 Del. Laws, c. 329, § 3, effective Oct. 7, 2008.

Notes of Decisions
Cited in 12 cases, 1953–1979 · leading case: Harmon Ex Rel. Harmon v. Eudaily, 407 A.2d 232 (Del. Super. Ct. 1979).
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Harmon Ex Rel. Harmon v. Eudaily, 407 A.2d 232 (Del. Super. Ct. 1979). · cites it 2× “§ 3104 “track almost identically” the language of 10 Del.C. § 3112 considered in Monacelli .”
Viars v. Surbaugh, 335 A.2d 285 (Del. Super. Ct. 1975). · cites it 4× “On August 1, 1974, plaintiff amended her complaint to include defendant’s new address and filed a praecipe requesting service on the Secretary of State, pursuant to 10 Del.C. § 3112. On the same date, August 1, 1974, plaintiff mailed to defendant the notice of service on the…”
Monacelli v. Grimes, 99 A.2d 255 (Del. 1953). “10 Del.C. § 3112. The service in this case was in accordance with the language of the 1935 Code; it did not conform to the language of the 1953 Code.”
Swift v. Leasure, 285 A.2d 428 (Del. Super. Ct. 1971). · cites it 2× “All defendants are nonresidents and service of process was attempted on each under the provisions of 10 Del.C. § 3112. The defendant, Arthur Leasure, has asserted certain jurisdictional defenses to plaintiffs’ action.”
United Indus. Corp. v. Nuclear Corp. of Am., 237 F. Supp. 971 (D. Del. 1964). “1959), a non-resident who had been involved in an automobile accident in Delaware was sued in Delaware and served by substituted service upon the Secretary of State under the Non-Resident Motorist Act, 10 Del.C. § 3112. When defendant pleaded the statute of limitations,…”
Purnell v. Dodman, 297 A.2d 391 (Del. Super. Ct. 1972). · cites it 2× “The defendants are non-residents and service of process was attempted under the provisions of 10 Del.C. § 3112. Defendants have moved to quash that service on the ground that plaintiffs failed to comply with the mandatory provisions of the statute and as a result, not only is…”
D'ANGELO v. Petroleos Mexicanos, 398 F. Supp. 72 (D. Del. 1975). “A number of cases have stated, however, that so long as the equivalent of personal service can be obtained upon a nonresident the tolling provisions of 10 Del.C. § 8121 (1974) are not applicable.”
Sommers v. Gaston, 295 A.2d 578 (Del. Super. Ct. 1972). “This statute (10 Del.C. § 3112(b)) reads as follows: “(b) Service of the legal process provided for in this section with the fee of $2, shall be made upon the Secretary of State of this State in the same manner as is provided by law for service of writs of summons, and when so…”
Rehrer v. Serv. Trucking Co., 112 F. Supp. 24 (D. Del. 1953). “The present action was instituted on January 7, 1952, in the Superior Court of the State of Delaware, and service on defendants was made under the provisions of the nonresident motorist statute of Delaware, 10 Del.C. § 3112. On February 8, 1952, defendants removed the action to…”
Griffin v. Granger, 306 A.2d 725 (Del. 1973). · cites it 2× “HERRMANN, Justice: In this automobile negligence case, the plaintiffs appeal from the Superior Court’s grant of the defendant’s motion to quash substituted service attempted by the plaintiffs under the Delaware Non-Resident Motorist Statute, 10 Del.C. § 3112. 1 *727 In…”
Floyd v. Ballenger, 258 A.2d 911 (Del. Super. Ct. 1969). “Plaintiffs then proceeded to obtain jurisdiction over defendant by having a summons dated March 20, 1968, served on the Secretary of State, pursuant to the Non-resident Motor Vehicle Statute of Delaware, 10 Del.C. §§ 3112, 3113. A copy of the complaint was ultimately received by…”
Purnell v. Dodman, 311 A.2d 877 (Del. Super. Ct. 1973). “Plaintiffs’ attempted service under the non-resident motorist statute (10 Del.C. § 3112) was ineffective and resulted in the dismissal of the complaint.”
10 Del. C. § 3112(b): 4 cases
Swift v. Leasure, 285 A.2d 428 (Del. Super. Ct. 1971). “All defendants are nonresidents and service of process was attempted on each under the provisions of 10 Del.C. § 3112. The defendant, Arthur Leasure, has asserted certain jurisdictional defenses to plaintiffs’ action.”
Purnell v. Dodman, 297 A.2d 391 (Del. Super. Ct. 1972). “The defendants are non-residents and service of process was attempted under the provisions of 10 Del.C. § 3112. Defendants have moved to quash that service on the ground that plaintiffs failed to comply with the mandatory provisions of the statute and as a result, not only is…”
Viars v. Surbaugh, 335 A.2d 285 (Del. Super. Ct. 1975). “On August 1, 1974, plaintiff amended her complaint to include defendant’s new address and filed a praecipe requesting service on the Secretary of State, pursuant to 10 Del.C. § 3112. On the same date, August 1, 1974, plaintiff mailed to defendant the notice of service on the…”
Sommers v. Gaston, 295 A.2d 578 (Del. Super. Ct. 1972). “This statute (10 Del.C. § 3112(b)) reads as follows: “(b) Service of the legal process provided for in this section with the fee of $2, shall be made upon the Secretary of State of this State in the same manner as is provided by law for service of writs of summons, and when so…”
10 Del. C. § 3112(d): 1 case
Viars v. Surbaugh, 335 A.2d 285 (Del. Super. Ct. 1975). “On August 1, 1974, plaintiff amended her complaint to include defendant’s new address and filed a praecipe requesting service on the Secretary of State, pursuant to 10 Del.C. § 3112. On the same date, August 1, 1974, plaintiff mailed to defendant the notice of service on the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.