Tufts v. Threlkeld

(After stating the foregoing facts.)

We cannot agree with the position taken by the plaintiff in error that there was never a valid pending suit in the city court of Atlanta. An action was pending there at the death of the tortfeasor, with an entry of service regular upon its face. This entry was never traversed, and implied that the defendant was a resident of the county of Fulton, as the petition had alleged. It was proper thereafter in due season to make the executrix of the tort-feasor a party defendant in his stead. Her plea to the jurisdiction, on the ground of her non-residence and that…