COURTS--PROCESS--NONRESIDENT MOTORIST SERVICE STATUTE--SERVICE ON "DRIVER" AS WITHIN PROVISION PERMITTING SERVICE ON "OWNER"

While in Arkansas, appellee, an Illinois resident, drove a third party's automobile and was involved in a collision in which plaintiff's intestate was killed. Plaintiff instituted a negligence action in an Arkansas court against appellee, who had previously returned to Chicago, by service and notification pursuant to the Arkansas nonresident motorist service statute. Appellee appeared specially and moved to quash the service as ineffective under the statute. On appeal from the lower court's decision sustaining the motion, held, affirmed.

The statutory language which permitted service on a nonresident "owner" did not allow service on a nonresident "driver." Kerr v. Greenstein, (Ark. 1948) 212 S.W. (2d) 1.