ZAHLER v. MANNING

No. 50254.

295 N.W.2d 511 (1980)

Daniel T. ZAHLER, Respondent, v. Rodney A. MANNING et al., Appellants.

Supreme Court of Minnesota.

June 20, 1980.


Attorney(s) appearing for the Case

Peterson, Holtze & Treat and William N. Majerus, Minneapolis, for appellants.

Malin D. Greenberg, St. Louis Park, for respondent.

Heard before KELLY, YETKA and SCOTT, JJ., and considered and decided by the court en banc.


KELLY, Justice.

On March 31, 1978, plaintiff attempted to initiate suit against defendants under the nonresident motorists statute, Minn.Stat. § 170.55 (1978), by sending a copy of the summons and complaint to the Commissioner of Public Safety. Defendants brought a motion to dismiss for insufficiency of service of process under Minn.R.Civ.P. 12.02(4), alleging that defendant Manning had been continuously a resident of the State, and defendant Smith was continuously...

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