No action under the provisions of this chapter 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 legal representatives of such party and summons shall be served on such heirs, devisees or legal representatives at least five days before the day set for hearing the cause. 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 Sections 49-19-250 and 49-19-260 and the cause shall then proceed in all respects as in the case of the original parties being in court. This section shall not be construed to limit the notice provided for in Sections 49-19-250 and 49-19-260 to nonresidents.
HISTORY: 1962 Code Section 18-407; 1952 Code Section 18-407; 1942 Code Section 6189; 1932 Code Section 6189; Civ. C. '22 Section 3243; 1920 (31) 663.