Estate of Pollack v. McMurrey

The court today amends the Texas long-arm statute, permitting service of process through the Secretary of State on an out-of-state defendant. Tex.Civ.Prac. & Rem. Code §§ 17.044-.045. When, as here, there has been full compliance with statutory service requirements, an unsubstantiated claim of lack of service should not overturn a default judgment. I dissent.

The critical facts of this case are uncon-tradicted. After Sheldon Pollack, the defendant in a Texas suit brought by Loraine McMurrey, died, she served through the Secretary of State a writ of scire facias on the two executors of the…