Action not to abate by reason of death of party.

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Effective - 28 Aug 1939

245.260. Action not to abate by reason of death of party. — No action under sections 245.010 to 245.280 shall abate by reason of the death or disability of any party to any proceeding, but upon suggestion of such death or disability the cause shall be immediately revived in the name of the heirs, devisees or their legal representatives, and summons shall be served on such heirs, devisees and legal representatives at least five days before the day set for hearing the cause, and said summons may be served in vacation or term time; if the heirs, devisees or legal representatives of the deceased party are nonresidents notice by publication shall be given them in the manner and for the time provided for in section 245.020 and the cause shall then proceed in all respects as in case of the original parties being in court.

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(RSMo 1939 § 12527)

Prior revisions: 1929 § 10937; 1919 § 4631


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