Death of Officer or Surety

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In case of the death of an officer or either of the officer's sureties, pending a motion against the officer or sureties, it may be revived against the personal representative of the deceased in the same manner as other suits are revived.

Code 1858, § 3597 (deriv. Acts 1857-1858, ch. 39, § 1); Shan., § 5362; Code 1932, § 9521; T.C.A. (orig. ed.), § 25-306.

Cross-References. Actions against delinquent collectors, judgment against surviving principal and sureties, §67-1-1609.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 707.

Tennessee Jurisprudence, 1 Tenn. Juris., Abatement, Survival and Revival, § 27; 21 Tenn. Juris., Public Officers, § 19.


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