Kurtz v. Harris

INGRAHAM, District Judge.

This litigation arises from an automobile accident. Plaintiff sought money damages from defendant in the 151st District Court of Harris County, Texas. Because defendant had moved to California, plaintiff’s amended pleading was served on defendant through the Chairman of the Texas State Highway Commission. Article 2039a of Vernon’s Texas Civil Statutes, a so-called “long arm” statute, allows service to be made on foreign motorists through the Highway Commission Chairman (hereafter Chairman).

The Chairman received plaintiff’s pleading on October 28, 1964. The Chairman…