59-2238. Actions pending against decedent at time of death; revivor of actions.
59-2238
59-2238. Actions pending against decedent at time of death; revivor of actions.(1) Any action pending against any person at the time of such person's death,which by law survives against the executor or administrator, shall beconsidered a demand legally exhibited against such estate from the timesuch action shall be revived. Such action shall be revived in the court inwhich it was pending and such court shall retain jurisdiction to try anddetermine said action.
(2) Any action commenced against any executor or administrator after thedeath of the decedent shall be considered a demand legally exhibitedagainst such estate from the time of serving the original process on suchexecutor or administrator.
(3) The judgment creditor shall file a certified copy of the judgmentobtained in an action such as described in subsection (1) or (2) of thissection in the proper district court within thirty (30) days after saidjudgment becomes final.
History: L. 1939, ch. 180, § 214; L. 1951, ch. 343, § 1; L.1976, ch. 242, § 36; Jan. 10, 1977.