ROMINES v. K & S ENGINEERING & CONT. CO., INC.


556 S.W.2d 85 (1977)

Jack ROMINES and wife, Mildred G. Romines, Appellants, v. K & S ENGINEERING & CONTRACTING CO., INC., and C & Y Painting Co., Inc., Appellees.

Supreme Court of Tennessee.

October 3, 1977.


Attorney(s) appearing for the Case

Sidney W. Gilreath, Robert E. Pryor, Knoxville, for appellants.

H. Francis Stewart, Stewart, Estes & Donnell, Nashville, for K & S Engineering.

Darryl G. Lowe Kennerly, Montgomery, Howard & Finley, Knoxville, for C & Y Painting Co.


OPINION

COOPER, Chief Justice.

This appeal presents the question: When properly attacked by motion, can counterpart service of process be sustained where the only resident defendant was dismissed by the trial judge in ruling on motions filed preliminary to trial? We hold that it cannot.

For the purpose of this appeal, the record shows that Jack Romines was injured in an automobile accident that occurred...

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