In cases in which there are two or more executors or administrators to any estate and any one or more of them has withdrawn or shall withdraw or shall reside out of the State, any creditor or person having a right or cause of action against such estate may commence his action against all the executors or administrators, naming and setting forth therein the executor or administrator, one or more, who is out of the State. In such case if the summons be served in the usual form upon those who are within the State the suit shall be deemed to be good and effectual in law to all intents and purposes, saving only that the judgment in such cases shall not extend to work any devastavit upon the person so absent or to affect him in his private right.
HISTORY: 1962 Code Section 10-211; 1952 Code Section 10-211; 1942 Code Section 417; 1932 Code Section 417; Civ. P. '22 Section 373; Civ. C. '12 Section 3961; Civ. C. '02 Section 2857; G.S. 2189; R.S. 2321; 1793 (7) 282.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Section 15-5-45. Capacity of partnerships to sue and be sued; effect of judgment.
Section 15-5-90. Survival of right of action.
Section 15-5-100. Damages under Sections 15-5-90 or 15-51-10 may include funeral expenses.
Section 15-5-110. Executors' or administrators' actions against trespassers.
Section 15-5-120. Actions against executors or administrators when one or more is out of State.
Section 15-5-130. Representative of deceased nonresident motor vehicle operator.
Section 15-5-150. Foreign corporations as defendants.
Section 15-5-160. By what name unincorporated associations may be sued.
Section 15-5-170. Action by and against married woman.
Section 15-5-210. Unemancipated child as party to motor vehicle accident action.