Sarah Etta Davis, Administratrix of the Estate of Earl Sinclair Davis, Deceased v. St. Paul-Mercury Indemnity Company

SOBELOFF, Chief Judge.

This case presents the important question of the power of a state through its courts to exercise jurisdiction over a nonresident whose automobile was used in that state with her permission, though not by her personally. There was no personal service of process upon the nonresident, but substituted service in accordance with the state’s Non-Resident Motorist Statute, N.C.Gen.Stat. § 1-105 (Supp.1959).

Mrs. Ida Weitz, whose home is in Victoria, Texas, purchased an automobile to be used by her minor son while stationed as a marine at Camp Lejeune, North Carolina. A liability…