25-1410. Death of plaintiff; in whose name action revived.

Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed. Where his right has passed to his personal representative, the revivor shall be in his name; where it has passed to his heirs or devisees, who could support the action if brought anew, the revivor may be in their names.

Source:R.S.1867, Code § 463, p. 470; R.S.1913, § 8031; C.S.1922, § 8972; C.S.1929, § 20-1410; R.S.1943, § 25-1410.