The foreign personal representative of any such deceased wrongdoer or any other person interested in defending such action may within sixty days after service as provided in Section 15-9-370 apply to the court in which such action may be pending for an order staying such action for a reasonable period of not exceeding sixty days and during such time may apply to the probate court and procure the appointment of some other suitable person to act as personal representative of such deceased person. Upon such appointment such personal representative shall be forthwith made a party defendant on motion of plaintiff without further service of process. If no such application for a stay be made the personal representative so originally appointed shall answer such process within sixty days from the date of such service upon him or be adjudged in default.
HISTORY: 1962 Code Section 10-213; 1952 Code Section 10-213; 1949 (46) 342.
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.