Effective - 02 Jan 1979
521.430. Proceedings in case of defendant's death. — 1. If a defendant, in any attachment cause, except on debts not due, die after the levy of writ, or the summoning of a garnishee under it, the action and attachment and issues, with the garnishees or interpleader, made or to be made, shall not by reason of such death be dismissed, or the lien of the attachment destroyed; but all such actions and proceedings shall be proceeded on to final judgment and determination, in all respects and 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 law in ordinary actions. If there be no executor or administrator the court in which the cause is pending shall appoint an attorney to defend against the cause and attachment until the executor or administrator shall be made a party and such attorney shall be paid for his services a reasonable compensation, to be allowed by the court and taxed as costs in the cause; provided, that the attachment plaintiff in case of attachment on a debt not due may, at his or her election, proceed in such action against the administrator on the merits of said cause, or dismiss such case and present such claim in the ordinary way in the probate division of the circuit court for allowance against the estate of such deceased defendant.
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(RSMo 1939 § 1480, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1316; 1919 § 1767; 1909 § 2336
Effective 1-02-79