When a party plaintiff dies during litigation concerning any chose in action and the chose in action is assigned to the surviving spouse, the surviving spouse and children, or the children only of the decedent as any part of a year’s support, the surviving spouse personally or for the use of the surviving spouse and the children, or, in the event of children only, a next friend for the children may be made a party plaintiff upon the same terms and in the same manner that administrators are made parties plaintiff to actions in favor of their intestate, upon the submission by the person to the court of a certified copy of the assignment; and the action shall proceed in the name of the parties so made.
History. Ga. L. 1878-79, p. 148, § 1; Code 1882, § 3424a; Civil Code 1895, § 5022; Civil Code 1910, § 5604; Code 1933, § 3-407.
Structure Georgia Code
§ 9-2-20. Parties to Actions on Contracts; Action by Beneficiary
§ 9-2-22. Joinder of Defendants in Action for Deficiencies in Construction
§ 9-2-23. Separate Action by Tenant in Common
§ 9-2-24. Action by Unincorporated Association
§ 9-2-26. Prosecution of Action Against Less Than All Joint Contractors or Copartners
§ 9-2-27. Action Against Representative of Joint Obligor
§ 9-2-28. Effect of Action by Minor Alone