The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
TITLE XIII.
Revivor.
CHAPTER !. Bovvor of Actions
y Rcvivor aud now parties to judgment
CHAPTER /.
Reyiyor of Actions

sec 400. Where there are several plaintiffs or dc.
ohdants ~ an action aud OF them dies or his pow.
eS as personal representative cease il the right Of ao
ton survive to or against the remaining narties the
hOn may proceed; the death of the party or the
oil ms powers, being stated on the record
sec 4Ol. Where one or several plaintiffs or defend
@ ues or ms powers as personal cease
~ sne cause oi action do not admit of survivorsp, and
e court Is OF opinion that the merits of the controversy
can he properly determined and the principles appca
oe 10 .e case iniy settled it may proceed TO Try the
sns not prejudice any who were pa,ies at the time
Sec. 400. When one OF The par,es 10 an action dies
or ms powers az personal representative before
te Judsinent the right OF action survive in favor or
against his or The aet;on ma
be revived, and proceed in their names.
SIC 4O3 The revivor shall he by conditional order
, oor IT, u made IN term, or by judge thereof, II in
Vs.aon tat the action be revived IN the of the
representatives, or successor OF the patty who died or
whose powers ceased and proceed IN favor Of agains,
Sec 4Oi The order may he made on the motion Of the
party, or OF the representatives successor
M ,s "ea,, or ie cessation of his powers, Which, with
'ne names and CAPACITIES of his or sue
cessOr, shall he stated in the order.
sec iO5 IL the order is made by consent OF the par
ties the action shall forthwith stand revived and il moi
male ny consent the order shall re served in samt
manner, and returned within the same time, a sum
mons, upon ihe party adverse TO the making the
tlo aud II sufficient be not shown against the
visor' 'ne action shall stand revived.
sec; 4C6. When the plaintiff shall make affidavit
hat Tue representatives Of Ie defendant If then
hose nac the may bc ordered to be revived
are non residents OF the State, have LETT the
avoid The service OF the ORDER aed
tat .lle order cannot be -'"d upon them that TIL
names ana residence of the hen 1cvisees of The perso
against whom the action may lie ordered TO he revived
or some Ci Them, are unknown to the aian ma,
De published FOR six consecutive weeks as provided BY
section sevcnlyiwo, nstying them to appear Oh dai
iheein named not less than ten days after the public
Non is complete, and show cause why the action shou
mol he revived against them; and If sufficient b
ho SHOWN TO The contrary the action shall stand revived
SET 1oI. Upon The death ofthc plaintiff in an action
may lie revived in the names of his representatives Il
whom his right has passed. Where his right has passe
10 ms personal representative the revivor shalt be in hi
nane where II has passed TO his heirs devisoes win
oonld support tic action if brought anew, the revvo
may be IN theirnamcs.
Sec 4Oe. Upon the death of defendant in an action
wherein tie right, or any part thereof survives agains
hs personal representative the revyor shall be asans
him. aud il may also be against the heirs or devisees
te defendant or both, when The right of action, al,
paIt thereof, survives against them.
Sec 400. Upon the death of defendant in an aeto,
lot The recovery of real property only which
only his rights claims To such property the acto
may he revived against his heirs or deyisees or both
ana an order therefor may he forthwith made in til,
manner directed in the preceding sections of title
sec. 4lO An order to revive an action against I'll,
representatives. or successor of defendant shall not h
adc without the of sue or sue
ecssor unless in from the could have
first made.
Sec. Al An order revive an action in the name,
oi the representative or successor of plaintiff, may b,
hade forthwith but shall not be made without the con
OF lne defendant alter the of one year from
Tie timethc order tight have been first adc tut W her,
ceased in the the order OF evivor on both sides
may be made ~ the period limited in the last
sec. il!. When II appears To the court by affidavit
lhat either party to acton has been dead where
parry sues, or IL sued as personal that
ms powers have ceased for period of so long that the
action cannot lie revived in tho of his
ives or successor, ithou the consent of both parties
shall order the action 10 he stricken from docket
Sec. 4l3 Al any of the court s,,cc eeding the
death oi the plaintiff, while the action remains the
dockct, Tie defendant having given 10 the plaintiffs pro-
per repI csetatives in whose names the action nigh,
be revived ten days notice of the application therefor
may nave an order to strike the action from tho
and for costs agnns, the estate of the pant unless
the action IL forthwith revived.
Sec. Ala When, by the provisions of the preceding
sections. an action stands revived tho trial thereof
he postponed by OF tho evivor the action
would have stood fo the trial at the revivor
c0mpe'e liad no death or Cessation Of powers taken
place.