Death of Relators

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  5. Death of Relators

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  1. Should the sole relator die pending the action, the suit abates, unless by the second term thereafter it is revived in the name of some person who, on application, and giving security for costs, is substituted in the place of the deceased relator.
  2. If there are several relators, the suit abates only on the death of all.
  3. On the abatement of the action as above, judgment shall be rendered against the sureties of the relator for the costs.

Code 1858, §§ 3428, 3429; Shan., §§ 5184, 5185; Code 1932, §§ 9355, 9356; T.C.A. (orig. ed.), § 23-2820.


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