Giampalo v. Taylor

Opinion by

Mr. Justice Barnes,

The question is whether a nonresident executor of a decedent who resided outside of this Commonwealth may be made a party defendant in an action pending in a court of this state, by the service upon it of a writ of scire facias by publication, where such executor has qualified and is acting under the laws of another state.

The facts upon which the question arises are as follows: On September 30, 1934, the minor plaintiff was injured by an automobile operated by the defendant, Samuel W. Taylor, who was a resident of Kent County, Delaware. The accident occurred in…