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Rule 152. Death of Defendant


Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.

Source: Art, 2080, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.

Note: Art. 4676 contains provisions which are deemed to be in part procedural and in part substantive, The above rule is deemed sufficient to continue in force the procedural portions of Art. 4676.