[DOWNLOAD] "Eileen Ann Mckanna v. Joe Edgar" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Eileen Ann Mckanna v. Joe Edgar
- Author : Court of Criminal Appeals of Texas
- Release Date : January 10, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Some time before this proceeding was instituted, Eileen Ann McKanna, a resident of California, executed and delivered a note to Joe Edgar, Jr., of Austin, Texas. The note was payable in Austin. McKanna did not pay the note when due, and Edgar brought suit. Edgar had a problem in obtaining personal service of process because McKanna lived in California. There is a Texas statute which provides for substituted service upon corporations and individuals doing business in Texas, Article 2031b. Edgar served, or attempted to serve, McKanna by serving the Secretary of State of the State of Texas under that statute. The Secretary of State in turn forwarded the citation to McKanna. McKanna did not appear in the Texas court in person or by attorney. Article 2249a. Based on that service, Edgar obtained a judgment by default against McKanna on the note. McKanna thereafter instituted this action, within the time allowed, by way of writ of error to the Court of Civil Appeals to set aside the default judgment based on the substituted service. Articles 2249 and 2255. The Court of Civil Appeals refused to set aside the judgment. 380 S.W.2d 889 (1964).