14 §2852. Before judgment; administrator cited
§2852. Before judgment; administrator cited If he dies before judgment in the original action, his executor or administrator may appear voluntarily or may be cited to appear as in case of the death of a defendant in an ordinary action. Further proceedings shall then be conducted as if the executor or administrator had been originally […]
14 §2853. Failure of administrator to appear; judgment rendered
§2853. Failure of administrator to appear; judgment rendered If in such case the executor or administrator does not appear, the plaintiff, instead of suggesting the death of the deceased, may take judgment against him by default or otherwise, as if he were living. The executor or administrator shall pay, on the execution, the amount which […]
14 §2854. Failure of executor or administrator to pay; plaintiff proceeds on motion
§2854. Failure of executor or administrator to pay; plaintiff proceeds on motion If the executor or administrator in the case last mentioned does not voluntarily pay the amount in his hands, the plaintiff may proceed on motion as if the judgment in the first action had been against him as trustee, but if he is […]
14 §2855. Death of trustee within 30 days after judgment; procedure to preserve attachment
§2855. Death of trustee within 30 days after judgment; procedure to preserve attachment If any person against whom execution issues as trustee is not living at the expiration of 30 days after final judgment in the action, the demand, to be made by force of the execution for continuing the attachment as provided in section […]
14 §2856. Execution where administrator judged trustee
§2856. Execution where administrator judged trustee When an executor or administrator is adjudged trustee on account of goods, effects or credits in his hands or possession merely as executor or administrator in an action originally commenced against him as a trustee, or against the deceased, the execution shall not be served on his own goods […]
14 §2857. Remedy on bond where executor or administrator fails to pay
§2857. Remedy on bond where executor or administrator fails to pay If after final judgment against an executor or administrator for any certain sum due from him as trustee he neglects to pay it, the original plaintiff in the foreign attachment has the same remedy for recovering the amount, either upon a suggestion of waste […]
14 §2901. Discontinuance of action
§2901. Discontinuance of action When a trustee action is discontinued or settled by the principal parties to the action, the trustee is entitled to no costs if the plaintiff or the plaintiff’s attorney, at least 7 days before the trustee’s disclosure under oath is required to be served, notifies the trustee in writing that the […]
14 §2713. Excess determined by court or jury
§2713. Excess determined by court or jury If it appears that the plaintiff has complied with the order of the court and that the trustee has refused or neglected to comply therewith, the court shall enter up judgment against him for the amount due and returned unsatisfied on the execution if there appears to be […]
14 §2902. Trustee entitled to costs; payment
§2902. Trustee entitled to costs; payment If any supposed trustee serves within the time required therefor a disclosure under oath declaring that at the time of the service of the trustee process upon him he had no goods, effects or credits of the principal in his possession and submitting himself to an examination, on oath, […]
14 §2714. On disclosure trustee delivers property to officer
§2714. On disclosure trustee delivers property to officer If, by the disclosure, it appears that the property in the hands of the supposed trustee was mortgaged, pledged or subject to a lien to indemnify him against any liability or to secure the performance of any contract or condition and that the principal defendant has an […]