Jenkins v. Means

CoNley ByRd, Justice.

This race for venue, which is here on prohibition, raises the issue of whether a cause of action can properly be commenced against a decedent’s estate before there has been an appointment of a personal representative. These races for venue arise because our venue statute, Ark. Stat. Ann. § 27-610 (Repl. 1962), permits an action for personal injury to be brought either in the county Avhere the accident occurred or in the county where the person injured or killed resided.

The undisputed facts show that a two-car collision occurred in Grant County in which the sole occupant…