If the defendant dies after service of the writ of attachment, the action shall not thereby be abated, but may be prosecuted to judgment, sale, transfer, and final determination as if the defendant’s death had not occurred; and all proceedings and conveyances in such case shall be as valid and effectual in law as if had and made in the lifetime of defendant.
Miss. Code Ann. § 11-33-75
Death of defendant does not abate action
Applied in 1 court decision — leading case Elder v. Smith (2010)
Most recently applied in Elder v. Smith (January 2010)
Codes, Hutchinson’s 1848, ch. 56, art. 4 (28); 1857, ch. 52, art. 39; 1871, § 1486; 1880, § 2466; 1892, § 161; 1906, § 166; Hemingway’s 1917, § 158; 1930, § 156; 1942, § 2712.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.