When a plaintiff suffers the plaintiff's action to abate by the death of the defendant or other cause, or where the suit abates by the death of the plaintiff and the plaintiff's representatives fail to revive the action, judgment for costs may be rendered against the plaintiff or representatives in the name of the officers of court, or any of them, and, if against a representative, shall be paid as other claims against the estate.
Code 1858, § 3209; Shan., § 4951; mod. Code 1932, § 9104; T.C.A. (orig. ed.), § 20-1613.
Cited: O'Neill v. Parks, — S.W.3d —, 2008 Tenn. App. LEXIS 568 (Tenn. Ct. App. Sept. 29, 2008).