Article IV, § 23 — Survival of action; executor or administrator as party; continuance

By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate, but, until the General Assembly shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the suit; and if a respondent or defendant dies, the executor or administrator being duly serviced with a scire facias 30 days before the return thereof shall be considered as a party to the suit, in the same manner as if it had been done voluntarily; and in any of those cases, the court shall pass a decree, or render judgment for or against executors or administrators as to right appertains. But where an executor or administrator of a deceased respondent or defendant becomes a party, the court upon motion shall grant such a continuance of the cause as to the court shall appear proper.