Merriott v. Whitsell

John A. Fogleman, Justice.

The circuit court dismissed appellant’s action against appellee, who was alleged to be a nonresident motorist involved in a collision in Arkansas with a motor vehicle owned by appellant. The order of dismissal for want of prosecution was based upon the circuit judge’s holding that appellant had failed to obtain service of process upon appellee. We find that this action constituted reversible error.

The allegations of the complaint, which was filed May 18, 1970, bring the action within the scope of Ark. Stat. Ann. § 27-2502Cl(c) (Supp. 1971). While the summons issued…