Monfils v. . Hazlewood

This action having been instituted under the provisions of C. S., 160, it cannot be maintained by an administratrix of a foreign jurisdiction. Hall v. R. R., 146 N. C., 345; ibid, 149 N. C., 108. “No suit can be maintained upon a cause of action arising in tbis State by any person except an executor or administrator duly appointed by the local court.” Tieffenbrun v. Flannery, 198 N. C., 397. Actions for wrongful death instituted under the provisions of the statute, C. S., 160, since they exist only by virtue of the statute, must be instituted and prosecuted strictly in accord with the…