§ 16-62-109 — Time for revivor - Effect of expiration

When it appears to the court by affidavit that either party to an action has been dead, or, where he or she sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representatives or successor without the consent of both parties, it shall order the action to be stricken from the docket. Civil Code, § 563; C. & M. Dig., § 1067; Pope's Dig., § 1270; A.S.A. 1947, § 27-1018.