506.210. Use of highways by nonresidents shall constitute an agreement. — The use and operation of a motor vehicle or trailer in this state on the public highways thereof by a person who is a nonresident of this state shall be deemed:
(1) An agreement by him that he, his executor, administrator or other legal representative shall be subject to the jurisdiction of the courts of this state in all civil actions and proceedings brought against him, his executor, administrator or other legal representative by either a resident or a nonresident plaintiff, for damages to person or property, including actions for death, growing or arising out of such use and operation; and
(2) An appointment by such nonresident, his executor, administrator or other legal representative of the secretary of state of Missouri as his lawful attorney and agent upon whom may be served all process in suits pertaining to such actions and proceedings;
(3) An agreement by such nonresident that any process in any suit so served shall be of the same legal force and validity as if personally served in this state.
Notes of Decisions
State Ex Rel. Sullivan v. Cross, 314 S.W.2d 889 (Mo. 1958).
· cites it 21× “The substantive point made (actually as two or more points, here considered jointly) is that § 506.210, RSMo 1949, V.A.M.S., as amended in 1955 (Cum.”
State Ex Rel. McCubbin v. Ginn, 347 S.W.2d 119 (Mo. 1961).
· cites it 12× “310, § 1, (now § 506.210 RSMo 1959, V.A.M.S.), amended said section to vest our courts not only with jurisdiction of the nonresident motorist but to "his executor, administrator or other legal representative" in an action brought by either a resident or nonresident plaintiff.”
Adams Dairy Co. v. Nat'l Dairy Prods. Corp., 293 F. Supp. 1135 (W.D. Mo. 1968).
· cites it 2× “36 , in which Section 506.210 of the Missouri Statutes was held to be unconstitutional because of expressions made by the Supreme Court of Missouri in Harris v.”
Brooks Ex Rel. Brooks v. Nat'l Bank, 152 F. Supp. 36 (W.D. Mo. 1957).
· cites it 6× “Van Winkle, the National Bank of Topeka, Kansas, was duly appointed executor of his estate, and thereafter the plaintiffs instituted suit in the Circuit Court of Caldwell County, Missouri, and obtained service upon the defendant in accordance with the provisions of § 506.210,…”
Haver v. Bassett, 287 S.W.2d 342 (Mo. Ct. App. 1956).
· cites it 3× “Section 506.210 reads as follows: *344 “The use and operation of a motor vehicle or trailer in this state on the public highways thereof by a person who is a nonresident of this state shall be deemed “(1) An agreement by him that he will be subject to the jurisdiction of the…”
Bohn v. Lester, 102 F. Supp. 261 (W.D. Mo. 1952).
· cites it 4× “by Judge Hulen is Section 506.210, R.S.Mo. 1949, V.A.M.S. It provides for service of process in civil actions upon non-residents who drive their automobiles upon the highways of Missour.”
State Ex Rel. Gerber v. Mayfield, 281 S.W.2d 295 (Mo. 1955).
· cites it 2× “We are of the opinion that the Missouri Legislature intended to and did, in fact, fix the venue of actions of this nature, that is, actions based on Section 506.210' RSMo 1949, V.A.M.S., involving the operation of cars on the state highways by nonresidents, in the county where…”
State ex rel. Nw. Arkansas Produce Co. v. Gaertner, 573 S.W.2d 391 (Mo. Ct. App. 1978).
· cites it 2× “Jurisdiction of the courts of this state over nonresidents is triggered by an “agreement” articulated in § 506.210, which reads as follows: “The use and operation of a motor vehicle or trailer in this state on the public highways thereof by a person who is a nonresident of this…”
Welker v. Hefner, 97 F. Supp. 630 (E.D. Mo. 1951).
· cites it 2× “Plaintiff contends that service is complete when the summons and complaint are received by the Secretary of State, and the twenty days begins running from such date.”
Heston v. Horton, 115 F. Supp. 13 (W.D. Mo. 1953).
· cites it 3× “Section 506.210, RSMo 1949, V.A.M.S., specifically provides that the operation of an automobile on the highways of Missouri by a nonresident, “ * * * shall be deemed “(1) An agreement by him that he will be subject to the jurisdiction of the courts of this state over all civil…”
Perry v. Edwards, 16 F.R.D. 131 (W.D. Mo. 1954).
· cites it 2× “Service of process was had upon the defendant in Pontiac, Michigan, under the, so-called, lung-arm provisions of the Missouri NonResident Motorists Act, Section 506.210 et seq. RSMo 1949, V.A.M.”
State ex rel. Mercantile Nat'l Bank at Dallas v. Rooney, 402 S.W.2d 354 (Mo. 1966).
“See Laws 1943, p. 364, § 22(a) (3). If the intent were to include foreign executors, it would seem the language used would be such as to permit compliance with the limitation periods for claims in other states.”
Mo. Rev. Stat. § 506.210(1): 1 case
State Ex Rel. McCubbin v. Ginn, 347 S.W.2d 119 (Mo. 1961).
“310, § 1, (now § 506.210 RSMo 1959, V.A.M.S.), amended said section to vest our courts not only with jurisdiction of the nonresident motorist but to "his executor, administrator or other legal representative" in an action brought by either a resident or nonresident plaintiff.”
Mo. Rev. Stat. § 506.210(2): 3 cases
Welker v. Hefner, 97 F. Supp. 630 (E.D. Mo. 1951).
“Plaintiff contends that service is complete when the summons and complaint are received by the Secretary of State, and the twenty days begins running from such date.”
State Ex Rel. Sullivan v. Cross, 314 S.W.2d 889 (Mo. 1958).
“The substantive point made (actually as two or more points, here considered jointly) is that § 506.210, RSMo 1949, V.A.M.S., as amended in 1955 (Cum.”
Mo. Rev. Stat. § 506.210(3): 1 case
State Ex Rel. Sullivan v. Cross, 314 S.W.2d 889 (Mo. 1958).
“The substantive point made (actually as two or more points, here considered jointly) is that § 506.210, RSMo 1949, V.A.M.S., as amended in 1955 (Cum.”
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