Maintaining Action After Executor or Administrator Removes From Jurisdiction

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  2. Tennessee Code
  3. Civil Procedure
  4. Parties to Actions
  5. Maintaining Action After Executor or Administrator Removes From Jurisdiction

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  1. Where one (1) of several executors or administrators removes out of the state, actions may be prosecuted and judgments rendered against such as remain, in the same manner as if all were sued.
  2. If the cause of action is within the jurisdiction of a judge of the court of general sessions, it may be prosecuted against the administrator or executor who remains in the county, where one (1) of them removes out of the state or into another county.

Code 1858, §§ 2791, 2792 (deriv. Acts 1826, ch. 38, § 1; 1827, ch. 84, § 1); Shan., §§ 4488, 4489; Code 1932, §§ 8615, 8616; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-112.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 741.

Tennessee Jurisprudence, 12 Tenn. Juris., Executors and Administrators, § 92.


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