13-3-143 - Manner by which personal representative or successor thereof of plaintiff may have execution.
§ 13-3-143. Manner by which personal representative or successor thereof of plaintiff may have execution.
When the executor or administrator of a plaintiff who dies before satisfaction of his judgment shall file with the clerk a copy of his letters testamentary or of administration, duly certified, execution may be issued on the judgment as if such death had not occurred, and the clerk shall indorse on the execution the fact of the death of the plaintiff, and that the execution is at the instance of his executor or administrator, stating the name of the executor or administrator. When an administrator, guardian, trustee, or other person acting in a fiduciary or official capacity, who recovered a judgment, shall die, resign, or be removed without having obtained satisfaction thereof, his successor may have execution of the judgment in the same manner, without revival of the judgment by scire facias.
Sources: Codes, 1880, § 1747; 1892, § 3475; 1906, § 3973; Hemingway's 1917, § 2980; 1930, § 3026; 1942, § 1914.