(a) In any case in which any joint contractor, other than a partner, has died, the executor of the will or administrator of the estate of the deceased joint contractor may be joined with the surviving contractor or contractors as a joint plaintiff, in any action upon any joint contract of the decedent and the survivor or survivors, and as a joint defendant if the estate of the decedent is not in settlement as an insolvent estate. If the estate of the decedent is joined as a joint defendant and afterwards is represented insolvent, the insolvency may be noted on the record, and thereupon the action, in respect to the executor or administrator, shall be discontinued.
(b) Any judgment against the executor or administrator shall run against the estate of the decedent only, in the same manner as if he were sued alone. The provisions of this section shall not operate to extend the time limited by the Court of Probate for the presentation of claims against the estate of the decedent.
(1949 Rev., S. 7799; P.A. 82-160, S. 29.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Structure Connecticut General Statutes
Chapter 897 - Parties and Appearances
Section 52-73. - Municipal corporations may sue and be sued.
Section 52-73a. (Formerly Sec. 52-116). - Action on bond to municipal officer.
Section 52-74. - Action on foreign probate bond.
Section 52-75. - Action by holder of mortgage or lien where grantee assumed the debt.
Section 52-76. - Actions by and against voluntary associations.
Section 52-77. - Action by joint tenant or tenant in common; effect of nonjoinder.
Section 52-78. - Joinder of executor or administrator for a deceased joint contractor.
Section 52-79. - Joinder of husband and wife; costs.
Section 52-80. - Nonsuits and withdrawals; costs.
Section 52-81. - Costs taxable on withdrawal.
Section 52-82. - Withdrawal when court not in session or before return day.
Section 52-83. - Nonresident plaintiff's appearance by attorney sufficient.
Section 52-84. - When judgment by default may be rendered.
Section 52-85. - When garnishee may move to assign case for trial.
Section 52-86. - When creditor may appear and defend. Costs. Prohibited defenses.
Section 52-87. - Continuance on account of absent or nonresident defendant. Exceptions.
Section 52-88. - Defense by garnishee. Continuance, postponement or adjournment of action.