The collection of the judgments of courts of record shall not be delayed nor hindered by the death of the plaintiff or person in whose name the judgment exists, but the executor or administrator, as the case may be, may cause the letters testamentary or of administration to be recorded in the court in which the judgment exists, after which execution may issue and proceedings had thereon in the name of the executor or administrator as such, in the same manner that could or might be done, if the judgment exists or remains in the name and in favor of the executor or administrator in his capacity as such executor or administrator.
Source: R.S. p. 382, § 40. G.L. § 1441. G.S. § 1872. R.S. 08: § 3661. C.L. § 5959. CSA: C. 93, § 69. CRS 53: § 77-8-3. C.R.S. 1963: § 77-8-3.
ANNOTATION
The effect of this section is to make the judgment the property of the administrator. Being property it should be treated like other assets of the estate. Bright v. Schmitt, 76 Colo. 329, 231 P. 159 (1924).
Section applies only where the estate has an interest in the judgment. It is clear that this section only applies where the property in the judgment remains in the judgment plaintiff. The statute does not reach the case of a judgment plaintiff who has parted with all interest in the judgment by assignment. Christ v. Flannagan, 13 Colo. 140, 46 P. 683 (1896).
An assignee's right to execution on a judgment is not impaired by this section. Christ v. Flannagan, 23 Colo. 140, 46 P. 683 (1896).