Harold Munsey, Administrator for the Estate of Bert Munsey, Deceased v. Testworth Laboratories, Inc.

The appellant initiated this action in the Tennessee state court by causing a summons to be issued and served upon the appellee, an out-of-state motorist, through the Tennessee Secretary of State in conformity with the applicable state statute, §§ 8671-8673, Official Code of Tennessee. Not until four months later did appellant file his declaration in the state court, as permitted by Tennessee law. § 10331 Official Code of Tennessee. Four days after the declaration was filed, and only two days after it had been received by the appellee, the appellant caused a default judgment in his favor to…