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EX PARTE ZEPERNICK

1 Div. 539.

66 So.2d 757 (1953)

Ex parte ZEPERNICK.

Supreme Court of Alabama.

Rehearing Denied August 11, 1953.

Attorney(s) appearing for the Case

Vickers & Thornton, Mobile, for petitioner.

Howell & Johnston and Caffey, Gallalee & Caffey, Mobile, for respondent.

STAKELY, Justice.

The question for decision is whether the circuit court has original and independent jurisdiction of a suit against the personal representative of a decedent for wrongful death committed by decedent for which a claim has been filed in the office of the probate court in the pending administration of the estate of the decedent. By Act approved September 5, 1951, which appears as § 150, Title 7, Code of 1940, it is provided as follows:

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