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JENKINS v. MEANS

No. 5-4157.

411 S.W.2d 885 (1967)

Patricia Faye JENKINS, Administratrix, Petitioner, v. Henry B. MEANS, Judge, Respondent.

Supreme Court of Arkansas.

March 6, 1967.

Attorney(s) appearing for the Case

Shackleford & Shackleford, El Dorado, for appellant.

Joe W. McCoy, Malvern, and Reinberger, Eilbott, Smith & Staten, Pine Bluff, for appellee.

BYRD, Justice.

This race for venue, which is here on prohibition, raises the issue of whether a cause of action can properly be commenced against a decedent's estate before there has been an appointment of a personal representative. These races for venue arise because our venue statute, Ark.Stat.Ann. § 27-610 (Repl. 1962), permits an action for personal injury to be brought either in the county where the accident occurred or in the county where the person injured...

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