McCoy v. Siler

I join fully in everything which is said in the opinion of the court. I desire to add a few words, however, since I think that the action of the district court may be sustained on the additional ground that the court never acquired jurisdiction of the persons of the defendants. Merely carrying out in this case the ritual of serving process upon the state’s own officer, the Secretary of the Commonwealth,11 was not sufficient validly to summon the nonresident defendants into court. This was settled in Wuchter v. Pizzutti, 1928, 276 U.S. 13, 48 S.Ct. 259, 72 L.Ed. 446. In that case the Supreme…