COURTS-JURISDICTION-CONSTITUTIONALITY OF STATUTE ESTABLISHING JURISDICTION OVER NONRESIDENT CONDUCTING BUSINESS IN STATE THROUGH RESIDENT AGENT

Defendant, a resident of Utah, sued petitioner, a resident of California, to recover construction costs and contractor's fee for the erection of a building at petitioner's Utah place of business. In accordance with a statute of Utah providing that jurisdiction over a nonresident individual doing business in the state could be obtained in all actions arising out of the conduct of the business by serving process on the resident agent managing the business, summons was served on the petitioner's Utah manager. Petitioner appeared specially and moved to quash the summons for lack of jurisdiction, which motion was denied. He then obtained an alternative writ of prohibition from the Supreme Court of Utah to stop proceedings in the district court.

On an order to show cause why the alternative writ should not be made permanent, held, the writ should be recalled. The statute did not deny due process; the question of retroactive application was not raised because there was sufficient business activity subsequent to its effective date. Wein v. Crockett, (Utah I948) I95 P. (2d) 222.