11-1-33 - Death of parties on bonds having force of judgment; citation in anticipation of judgment.
§ 11-1-33. Death of parties on bonds having force of judgment; citation in anticipation of judgment.
Citation to the personal representatives of a deceased party may be issued and executed at any time before the time for judgment or execution on such bond, recognizance, or undertaking, requiring the appearance of the representatives before the court having possession or control of the obligation, to submit to judgment or execution thereon; and if issued and executed before the rendition of judgment or issuance of execution against the living parties, judgment may be rendered or execution issued against such personal representatives as well as against parties alive, without delay or further process.
Sources: Codes, 1880, § 2303; 1892, § 944; 1906, § 1020; Hemingway's 1917, § 740; 1930, § 763; 1942, § 1678.