Nix ex rel. Estate of Hawkins v. Mercury Motor Express, Inc.

Disagreeing with the view of the majority, I would affirm in part.

A duly appointed administrator is the proper party to bring an action for wrongful death. See Section 15-5-70, 15-5-80 and 15-51-20 of the Code of Laws of South Carolina (1976); Glenn v. DuPont, 254 S. C. 128, 174 S. E. (2d) 155 (1970); In Re Estate of Mayo, 60 S. C. 401, 38 S. E. 634 (1901). Since no challenge to Nix’s appointment was made in the Probate Court, appellant may not now collaterally attack his appointment.1 Therefore, the trial court properly refused the motion for change of venue since Nix brought the suit…