25-1404. Death of one of several parties; cessation of powers of personal representative; right of action not surviving to or against remaining parties; procedure.

Where one of the several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action does not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties; but the judgment shall not prejudice any who are not parties at the time of the trial.

Source:R.S.1867, Code § 457, p. 469; R.S.1913, § 8025; C.S.1922, § 8966; C.S.1929, § 20-1404; R.S.1943, § 25-1404.