Tennessee Code 20-12-113 – Abatement of action
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Terms Used In Tennessee Code 20-12-113
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
When a plaintiff suffers the plaintiff’s action to abate by the death of the defendant or other cause, or where the suit abates by the death of the plaintiff and the plaintiff’s representatives fail to revive the action, judgment for costs may be rendered against the plaintiff or representatives in the name of the officers of court, or any of them, and, if against a representative, shall be paid as other claims against the estate.