Paul L. Gray and Roger Gray, Petitioners v. Luis E. Armijo, Judge of the Fourth Judicial District Court of The… (New Mexico 1962)

Summary

The court held that the statute authorizing personal service outside New Mexico on a person who operated a motor vehicle on New Mexico highways applied to a cause of action arising from an accident that occurred before the statute's enactment. The court classified the statute as procedural and remedial because it supplied a method for enforcing existing rights rather than creating new substantive liabilities. It also rejected the petitioners' due-process, pending-case, and separation-of-powers challenges and discharged the writ of prohibition.

Holding

Retroactive application of the service statute. The statute applies to the plaintiffs' action even though the accident occurred before the statute's effective date because the statute is procedural and remedial, not substantive.

Personal jurisdiction and service outside New Mexico. Personal service of the petitioners outside New Mexico was effective because they operated a motor vehicle on New Mexico highways and the plaintiffs' cause of action arose from that operation.

Due process and impairment of rights. Applying the statute to the petitioners' action does not violate federal or state constitutional protections because it changes only the method of obtaining jurisdiction and does not impair a vested substantive right.

Separation of powers. The statute does not unconstitutionally invade the judicial branch because the legislature may prescribe a procedural method for service of process without exercising powers exclusively belonging to the judiciary.

Summary

Holding

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