Kelley v. Koetting

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a judgment quashing service of process.

The action was commenced in an attempt to recover a personal judgment for damages by substituted service under the provisions of Laws 1935, chapter 72 (G. S. 1935, 8-401 and 402), providing for suits and service of process against nonresidents in cases arising out of the operation of their motor vehicles within the state of Kansas.

On matters pertinent to the issues involved the petition alleges that defendant, a resident of Texas, who had operated his automobile upon the public…