Myers v. Mott

Citations

• 29 Cal. 359

Syllabus

<p>Death of the Defendant during the Pendency of an Action.—In an action to recover judgment on a promissory note, the suggestion of the death of the defendant, and the substitution of his administrator, and the continuance of the suit against him, subjects the proceedings to such rules of the Probate Act as are applicable to proceedings for the collection of claims against an estate of a deceased person.</p> <p>Judgment against an Administrator.—Where the only cause of action is the indebtedness of the estate of the deceased to the plaintiff, a judgment in personam cannot be rendered against the administrator.</p> <p>Judgment against Administrator enforcing Attachment Lien.—If the defendant dies after the service of summons and the levy of an attachment on his property, and before judgment, and the administrator is substituted, and the action continued against him, the Court cannot render a judgment enforcing the lien of the attachment by a sale of the attached property, and an application of the proceeds to the satisfaction of the demand.</p> <p>Enforcement of Attachment Lien.—An attachment lien upon property can be enforced only by a sale of the attached property under execution.</p> <p>Death of Defendant destroys Attachment Lien.—If the defendant die after the levy of an attachment upon his property, and before judgment, his death destroys the lion of the attachment, and the attached property passes into the hands of the administrator, to be administered on in due course of administration.</p>