Defendant may move an order to strike from the docket, when.Sect. 425. At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant, having given to the plaintiff's proper representatives, in whose names the action might be revived, ten days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived.
When an action stands revived, it shall proceed as if no cessation had occurred.Sect. 426. When, by the provisions of the preceding sections, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.
CHAPTER II.—Revivor and New Parties to Judgment.
When persons may be made parties to judgement.Sect. 427. When a judgment is recovered against one or more persons, jointly indebted upon contract, those who were not originally summoned may be made parties to the judgment by action.
If parties die after judgement.Sect. 428. If either or both the parties die after judgment, and before satisfaction thereof, their representatives, real or personal, or both, as the case may require, may be made parties to the same, in the same manner as prescribed for reviving actions before judgment; and such judgment may be rendered and execution awarded as might or ought to be given or awarded against the representatives, real or personal, or both, of such deceased party.
If judgement becomes dormant.Sect. 429. If a judgment becomes dormant, it may be revived in the same manner as prescribed for reviving actions before judgment.
TITLE XIV
EXECUTIONS.
