521.430. Proceedings in case of defendant's death. - Missouri Statutes

Proceedings in case of defendant's death.

521.430. 1. If a defendant, in any attachment cause, excepton debts not due, die after the levy of writ, or the summoning ofa garnishee under it, the action and attachment and issues, withthe garnishees or interpleader, made or to be made, shall not byreason of such death be dismissed, or the lien of the attachmentdestroyed; but all such actions and proceedings shall beproceeded on to final judgment and determination, in all respectsand in like manner as if the defendant were living.

2. The executor or administrator of the decedent, if any,shall be made a party to the cause in the manner provided by lawin ordinary actions. If there be no executor or administratorthe court in which the cause is pending shall appoint an attorneyto defend against the cause and attachment until the executor oradministrator shall be made a party and such attorney shall bepaid for his services a reasonable compensation, to be allowed bythe court and taxed as costs in the cause; provided, that theattachment plaintiff in case of attachment on a debt not due may,at his or her election, proceed in such action against theadministrator on the merits of said cause, or dismiss such caseand present such claim in the ordinary way in the probatedivision of the circuit court for allowance against the estate ofsuch deceased defendant.

(RSMo 1939 § 1480, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1316; 1919 § 1767; 1909 § 2336

Effective 1-2-79