MERRIOTT v. WHITSELL

No. 5-5727.

476 S.W.2d 230 (1972)

J. H. MERRIOTT, Appellant, v. Earl WHITSELL, Appellee.

Supreme Court of Arkansas.

February 21, 1972.


Attorney(s) appearing for the Case

Hobbs & Longinotti, Hot Springs, for appellant.


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...

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