Wink v. Marshall

Plaintiff brought this action for damages ágainst the estate of Michael Talbott, a deceased motorist. The defendant, as the purported administrator of the estate, appeals from a judgment for plaintiff. .

Talbott was driving his own automobile and was killed in a collision .with the plaintiff’s automobile. There is some question under ORS 30.080 whether there was sufficient evidence to justify submitting the case to the jury. However, the sufficiency of the evidence need not detain us, for it appears that the action, as filed, did not lie in any event. ■

The trial court did not have jurisdiction…