State Ex Rel. Scott v. Zinn

CARMODY, Justice.

We are faced in this proceeding in prohibition with the question of whether or not the New Mexico courts have jurisdiction over a foreign administrator in a suit brought against him in his administrative capacity, summons having been personally served upon him while he was residing in this state.

Relator was appointed the administrator of his father’s estate in Texas, and was sued in San Juan County, New Mexico, solely in his capacity as “Administrator of the Estate of Burk F. Scott, Deceased.” The decedent was killed in an automobile accident in Colorado and the suit was…