National Bank v. Mitchell

The opinion of the court was delivered by

Hoch, J.:

This appeal presents a question of jurisdiction. A civil action for damages was begun against a nonresident by attachment of property in this state with service of summons by publication. After motions of the defendant attacking the validity of the attachment and the service were overruled he filed a general'demurrer. While the. action was pending the defendant died and an executor was named in Oklahoma to administer his estate in that state. Sometime thereafter the plaintiffs sought to revive the action *277as against the Oklahoma executor. At…