FOREIGN CORPORATIONS-WHAT CONSTITUTES "DOING BUSINESS" FOR SERVICE OF PROCESS AS CONTRASTED WITH DOMESTICATION REQUIREMENT

South Carolina commenced suit against the Ford Motor Company by serving summons upon the South Carolina secretary of state pursuant to statute applicable when no process agent had been appointed, seeking to recover penalties imposed upon this foreign corporation for doing business in the state without having complied with the domestication statutes. Defendant claimed it was not doing business in the state because it had no property or agents therein, its products being handled by private dealers. The company attacked both the summons as against due process and the domestication statutes as a burden on interstate commerce. From judgment for the state on both counts, defendant appealed.

Held, affirmed as to the validity of the service of process, reversed as to the penalties for failure to domesticate. State v. Ford Motor Co., (S.C. 1946) 38 S.E. (2d) 242.