§56-8-2. Death of joint party; revival of pending suit or action.
Where such fact occurs in any stage of a cause, whether it be
in a court of original or appellate jurisdiction , if it occur as
to any of several plaintiffs or defendants, the suit or action may
proceed for or against the others, if the cause of suit or action
survive to or against them. If a plaintiff or defendant die
pending any suit or action, whether the cause of action would
survive at common law or not the same may be revived and prosecuted
to judgment or decree and execution in the same manner as if it
were for a cause of action arising out of contract.