Romines v. K & S Engineering & Contracting Co.

OPINION

COOPER, Chief Justice.

This appeal presents the question: When properly attacked by motion, can counterpart service of process be sustained where the only resident defendant was dismissed *86by the trial judge in ruling on motions filed preliminary to trial? We hold that it cannot.

For the purpose of this appeal, the record shows that Jack Romines was injured in an automobile accident that occurred in Rutherford County, Tennessee. Mr. Romines and his wife filed actions in Knox County, Tennessee, to recover damages resulting from the accident, naming as defendants the United States Gypsum…