Title 5, Chapter 6, Section 16
( 5-6-16)
(a) When either the plaintiff or the defendant dies after a case has
been tried and before the expiration of the time within which the
party, if living, might have entered an appeal, and no appeal has
been entered, the legal representative of the deceased party may
enter an appeal within 30 days from the time he qualifies. If an
appeal is not entered within the time prescribed in this Code
section, judgment may be entered and execution issued as though the
deceased party were alive, without making the representative a
party. (b) When an appeal is entered as provided in subsection (a) of this
Code section, it shall not be necessary to revive the action, but it
shall be revived by the appealing party giving notice to the adverse
party within 30 days from the time of entering the appeal. When a
defendant appeals, the case shall stand for trial on the appeal
docket at the first term of the court after the expiration of six
months from the qualification of the executor or administrator. (c) In case of the death or removal from office of any executor or
administrator pending such proceedings as are prescribed in
subsections (a) and (b) of this Code section, an administrator de
bonis non may be made a party in like manner. |