Rodriguez v. Hearty

ALLRED, District Judge.

Plaintiffs, resident citizens of Texas, sued defendants, resident citizens of Louisiana, in the state district court of Webb County for damages arising out of an automobile collision. Although the action is in personam, and notwithstanding the provisions of the Texas statute, Art. 2039a, Vernon’s Ann.Tex. Civ.St., authorizing service on a nonresident motorist by process to be served on the Chairman of the State Highway Commission, plaintiffs procured the issuance by the state court clerk of a “Notice to Serve Non-Resident Defendant” 1 and caused such notice to be served…