ANDERSON, Justice.
On January 25, 1956, in Henderson County, in a collision between automobiles which they were driving, O. E. Melton was killed and appellant, Rollen C. Robertson, was injured. Two separate and distinct damage suits resulted. Both were filed in the district court of Henderson County. One was the case at bar, in which appellant sued "The Estate of O. E. Melton, Deceased," for $37,836.80, alleging that Ethel V. Melton, widow of the decedent, had theretofore...
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