Civil Procedure

CASE BRIEF: Tickle v. Barton

Chapter 1: A Survey of the Civil Action Page: 27-31

Section F: Illustrative Cases

NAME: Football Banquet Service Trick, (Supreme Court of Appeals of West

Virginia, 1956).

FACTS:
• Tickle (P), an infant, sued Virginia resident Barton (D) in McDowell
County, West Virginia for injuries received in an auto accident in that
same county.
• Tickle’s lawyer lured Barton to enter the county under the disguise of
a football banquet.
• Tickle’s lawyer called Barton and did not reveal that he was Tickle’s
lawyer or that the real purpose was to serve him with process.
• Barton accepted the invitation and was served with the complaint.

PROCEDURE: Barton filed a plea in abatement to challenge the service of process (and
therefore the court’s exercise of personal jurisdiction over him) without
litigating on the merits of the case.

ISSUE: Is service of process valid where a party induces another party by false
representation to come within a jurisdiction in order to serve process on that
person?

HOLDING: If a person is resident outside a jurisdiction, that person may not be induced by
false representation to come within the jurisdiction of the court for the purpose of
service of process. The law will not lend its sanction or support to an act,
otherwise lawful, which is accomplished by unlawful means.

REASONING:
• In this case Barton would not have come into that jurisdiction if
Tickle’s attorney had disclosed his identity and his real purpose in
extending the invitation. Service of process was invalid and the court
therefore did not have personal jurisdiction over Barton.

DISPOSITION: Ruling Affirmed.

 Civil Procedure

DISSENT: At most, Tickle’s attorney merely took advantage of a social gathering that was in
Barton’s interest to attend. Barton had full knowledge of the action pending
against him in this jurisdiction, which is an important consideration when
deciding such issues.

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CLASS NOTES: Service of Process accomplished by fraud is not valid.