When a party plaintiff dies during litigation concerning any chose in action and the chose in action is assigned to the surviving spouse, the surviving spouse and children, or the children only of the decedent as any part of a year's support, the surviving spouse personally or for the use of the surviving spouse and the children, or, in the event of children only, a next friend for the children may be made a party plaintiff upon the same terms and in the same manner that administrators are made parties plaintiff to actions in favor of their intestate, upon the submission by the person to the court of a certified copy of the assignment; and the action shall proceed in the name of the parties so made.
(Ga. L. 1878-79, p. 148, § 1; Code 1882, § 3424a; Civil Code 1895, § 5022; Civil Code 1910, § 5604; Code 1933, § 3-407.)
RESEARCH REFERENCES
C.J.S.
- 67A C.J.S., Parties, §§ 76, 77.
ALR.
- Right of next friend to compensation for services rendered to infant in the litigation, 9 A.L.R. 1537.
ARTICLE 3 ABATEMENT
Cross references.
- Effect of death or resignation of public officer when action brought against officer in official capacity, § 9-11-25.
JUDICIAL DECISIONS
Abatement of action at common law is the entire overthrow or destruction of the action resulting from the fact that defendant pleads some matter that defeats the action, either for the time being or permanently; any further enforcement of the cause of action necessitates bringing a new action. Jones v. Doe, 143 Ga. App. 451, 238 S.E.2d 555 (1977).