Fleming Manufacturing Co. v. Capitol Brick, Inc.

CARROLL, Justice.

Petitioner, Fleming Manufacturing, originally appealed to this Court by writ of error from a default judgment rendered in favor of Capitol Brick. We sustained Fleming’s first point of error and set aside the trial court’s judgment for want of personal jurisdiction on the grounds that Capitol Brick improperly attempted to obtain service of process on a foreign corporation, by serving an employee of the Secretary of State rather than the Secretary of State personally as required by the express language of Tex.Rev.Civ.Stat.Ann. art. 2031b (1964). 1 Fleming Manufacturing Co.,…