Flexner v. Farson, 248 U.S. 289 (1919)

Flexner v. Farson


No. 101


Submitted December 18, 1918
Decided January 7, 1919
248 U.S. 289

ERROR TO THE SUPREME COURT
OF THE STATE OF ILLINOIS

Syllabus

A state has no power to provide that nonresident individuals, in suits growing out of their business transacted within the state through a local agent, shall be bound by process served upon him after the agency is at an end, and a judgment against a firm of nonresidents, based upon such service, is void. P. 293.

The power to make such provision as against foreign corporations springs from the power to exclude such corporations from local business whence, by fiction, the continued agency to receive service is attributed to the corporation’s implied consent; but there is no room for implying consent in the case of nonresident natural persons, since the power to exclude from local business does not exist as to them. Id.

268 Ill., 435 affirmed.

The case is stated in the opinion.