§ 6-5-466 — Revival in Case of Death of One or More Defendants Jointly Sued

Alabama § 6-5-466

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 5: Actions
• Art. 26: Abatement, Survival and Revival of Actions

Text

(a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper representative of such defendant and such representative and the surviving defendant or defendants may be proceeded against jointly or severally, at the election of the plaintiff.
(b) Under this section, the judgment entered must be several, but against a personal representative, if he objects, judgment must not be entered until after the expiration of six months from the grant of letters testamentary or of administration.
(c) Under this section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must assign, without recourse on him, the judgment against a principal debtor to the party from whom satisfaction is received if such principal debtor was bound to the indemnity of such party.

Legislative History

(Code 1867, §§2546, 2547; Code 1876, §§2912, 2913; Code 1886, §2608; Code 1896, §43; Code 1907, §2501; Code 1923, §5717; Code 1940, T. 7, §155.)