Delaney v. Atterbury

Two propositions of law are presented, viz.: (1) The cause of action should have been revived in the name of Atterbury’s personal representative and could not properly be revived in the names of his widow and children; and (2) the action being transitory, the district court of Okfus-kee county had no jurisdiction to entertain the action against the nonresident defendants after the dismissal of the action as to the resident defendants.

Our decision on proposition 2 requires a reversal of the judgment and a dismissal of the action by the trial court, and for that reason we do not discuss…