Death of Garnishee

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If the garnishee die after having been summoned in garnishment, and pending the litigation, the proceedings may be revived by or against the deceased garnishee's representatives.

Code 1858, § 3491 (deriv. Acts 1835-1836, ch. 77, § 1); Shan., § 5251; Code 1932, § 9442; T.C.A. (orig. ed.), § 23-711.

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

Collateral References.

Garnishment against executor or administrator by creditor of estate. 60 A.L.R.3d 1301.


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