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10th Edition
ISBN: 9781337605656
Author: CROSS
Publisher: CENGAGE L
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Chapter 3, Problem 9BCP
Summary Introduction
Case summary: The Plaintiff NIL filed a suit against the defendant HSI in the Texas state court. The return of service showed that the process has been served on the commissioner of Texas state as soon as it was delivered to JK, a defendant in person. As the defendant didn’t respond to the service of process, the decision was given in favor of the plaintiff. After 5 months, the defendant filed a motion for a new trial claiming that they were not served with the process in severe compliance with the service of process.
To Explain: (a) The applicability of assertion made by the defendant that JK didn’t have the authority to accept the process on their behalf.
To Find: (b) The person responsible for ensuring that the service of process is accomplished properly.
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