Cottengim's Adm'r v. Adams' Adm'x

SIMS, Chief Justice.

The sole question for determination on this appeal is whether an action for wrongful death is transitory or local, and whether § 78 or § 74 of the Civil Code of Practice governs the venue thereof. The Fayette Circuit Court held the action was transitory, sustained appellee’s motion to quash the service, as well as her special demurrer, and dismissed the petition for lack of jurisdiction over the person of defendant and over the subject matter of the action.

There is no contrariety in the facts. On January 1, 1951, Jackie Ray Cottengim, appellant’s decedent, and Ernest B.…