Axton v. Kirby

J. CURTISS BROWN, Chief Justice.

In January of 1976 William G. Kirby and Alene K. Kirby doing business as Knauer’s Hardware brought suit for the use and benefit of American Hardware Mutual Insurance Company (appellees) in the district court of Harris County, Texas to enforce a Florida judgment rendered in 1958. In the Florida suit appellees obtained a judgment for $33,076.25 against Hoyt W. Axton (Ax-ton or appellant) for tort damages. Axton filed a special appearance challenging the court’s in personam jurisdiction over him and an answer consisting of a general denial subject thereto.

Both…