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Home » US Law » 2022 Rhode Island General Laws » Title 46 - Waters and Navigation » Chapter 46-18 - Damages from Milldams » Section 46-18-15. – Death of defendant pending action.

§ 46-18-15. Death of defendant pending action.

If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one defendant and he or she dies pending the suit, his or her death shall not abate the action, but the devisees or heirs at law may come into court within the period of forty (40) days next following the decease, and substitute their names as defendants instead of the deceased.

History of Section.
G.L. 1896, ch. 122, § 16; G.L. 1909, ch. 148, § 15; G.L. 1923, ch. 178, § 15; G.L. 1938, ch. 636, § 15; G.L. 1956, § 46-18-15.