Wayne Wolfe v. Lucian Doucette and Rosemary Doucette

This appeal concerns a diversity suit brought by the Doucettes, citizens of California, against Wolfe, a citizen of West Virginia, in the United States District Court for Arizona. The suit was for damages allegedly suffered in an automobile accident in Arizona. The District Court rendered judgment for the plaintiffs, and the defendant Wolfe has appealed. His reasons for appeal briefly stated, are:

1. Lack of jurisdiction of the District Court over him, due to the alleged failure of the plaintiffs to achieve a valid service of process upon him.

2. Lack of substantial evidence that the infirmities of the plaintiff Rosemary Doucette were caused by the automobile accident.

3. Lack of proof that the medical, hospital and drug bills included in the judgment were bills connected with the automobile accident.

We discuss first the appellant’s first ground for his appeal, since, if his contention is valid, the District Court had no jurisdiction to render a judgment against him.

When the suit was filed in the United States District Court for Arizona, it was necessary, of course, that some sort of service should be made upon Wolfe, who was a resident of West Virginia, to subject him to…