Lowenberg v. Tironi

Citations

• 62 Miss. 19

Syllabus

<p>Attachment. Death of defendant. Trial of plea in abatement. Bevivor. Final judgment. Section 2466, Code 1880, applied.</p> <p>Section 2466 of the Code of 1880 provides, in relation to attachment, that, “ if the defendant shall die after service of the writ of attachment, the action shall not thereby be abated, but shall be carried on to judgment, sale, transfer, and final determination, as if the defendant were still alive; and all proceedings and conveyances in such cases are hereby declared to be as valid and effectual in law as if had and made in the lifetime of such defendant.” Where, in such action, the plaintiff, in pursuance of the statute quoted, obtains judgment on a plea in abatement after the death of the defendant and before the appointment of an administrator of the decedent’s estate, he may, after the appointment of such administrator and before final judgment, revive the suit, by scire facias, against the latter, for the purpose of recovering a personal and general final judgment. Holman v. Fisher, 49 Miss. 472, distinguished and explained.</p>