O'KELLEY v. Lochner

This is a law action growing out of a collision of automobiles. The trial court directed a verdict for defendant on the ground the court lacked jurisdiction. Plaintiffs appeal.

The problem before us is sharply limited, clearly defined and governed by well recognized precedents. Prior to the effective date of the Iowa Probate Code could a plaintiff in an automobile collision case bring action, after the death of defendant’s decedent, in a county other than where decedent’s estate was being probated? Under our pronouncements the answer is “no.”

We are dealing with the question of jurisdiction and…