Death of party suspends action until substitution of representative.

- While death of a party does not abate pending action when cause of action survives, nevertheless the effect of the death is to suspend the action as to the decedent until someone is substituted for the decedent as a party to the proceedings. Eubank v. Barber-Colman Co., 115 Ga. App. 217, 154 S.E.2d 638 (1967); Tarpley v. Hawkins, 144 Ga. App. 598, 241 S.E.2d 480 (1978).

Only effect of death of party is to suspend action as to decedent until the decedent's legal representative is substituted as a party, assuming a pending action where the cause of action survives. Fuller v. Booth, 118 Ga. App. 685, 165 S.E.2d 318 (1968).

Further proceedings void until such substitution.

- Further proceedings in action suspended due to death of party are void as to the decedent until someone is properly substituted as a party. Eubank v. Barber-Colman Co., 115 Ga. App. 217, 154 S.E.2d 638 (1967).

Effect of substitution of administrator.

- In action by guardian to cancel deed executed by ward after appointment of guardian for the ward's person and property, when the ward died pending the action, an amendment substituting administrator of the ward's estate as party plaintiff did not introduce a new party plaintiff nor change the cause of action. Chaffin v. Chaffin, 207 Ga. 36, 59 S.E.2d 911 (1950).

Substitution of personal representatives.

- Substitution of personal representatives of decedent pursuant to O.C.G.A. § 9-11-25(a) in an action involving decedent's negligence claim against the defendant did not result in the addition of a new party or a new cause of action to the litigation. Pope v. GoodGame, 223 Ga. App. 672, 478 S.E.2d 636 (1996).

Administrator proper party to pursue civil rights claims.

- In a declaratory judgment case and pursuant to O.C.G.A. §§ 9-2-40 and9-2-41, an administrator had standing and was the proper party to pursue any surviving 42 U.S.C. §§ 1981 and 1988 civil rights claims on behalf of the decedent's estate. Am. Gen. Life & Accident Ins. Co. v. Ward, 509 F. Supp. 2d 1324 (N.D. Ga. Mar. 12, 2007).

Cited in Perry v. Allen, 239 F.2d 107 (5th Cir. 1956); Kilgo v. Bowman Transp., Inc., 87 F.R.D. 26 (N.D. Ga. 1980); Allen v. City of Moultrie, 162 Ga. App. 188, 290 S.E.2d 529 (1982); Omark Indus., Inc. v. Alewine, 164 Ga. App. 397, 298 S.E.2d 259 (1982).

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 47 et seq.

1 Am. Jur. Pleading and Practice Forms, Abatement, Revival, and Stay, § 2.

C.J.S.

- 1 C.J.S., Abatement and Revival, § 114 et seq.

ALR.

- Does right of grantor to maintain a suit in equity to set aside his conveyance for cause survive to his heir, 2 A.L.R. 431; 33 A.L.R. 51.

Survival of action or cause of action for wrongful death against representative of wrongdoer, 61 A.L.R. 830; 171 A.L.R. 1392.

Abatement of action which does not survive, by death of party pending appeal or writ of error, 62 A.L.R. 1048.

Survival of liability on joint obligation, 67 A.L.R. 608.

Survival against community of right of action for a tort of the deceased member of the community, 67 A.L.R. 1159.

Does a right of action on bond to recover for damages personal in their nature, and not affecting property rights, survive principal's death, 70 A.L.R. 122.

Survivability or assignability of action or cause of action in tort for damages for fraudulently procuring purchase or sale of property, 76 A.L.R. 403.

Survival of claim for usury against estate of usurer, 78 A.L.R. 451.

Survival upon death of wrongdoer of husband's or parent's action or right of action for consequential damages arising from injury to wife or minor child, 78 A.L.R. 593.

Survival of action or cause of action for personal injuries upon death of tort-feasor, 78 A.L.R. 600.

Relation between survivability of cause of action and abatability of pending action, 92 A.L.R. 956.

Death of tort-feasor before death of injured person as precluding action for death, 112 A.L.R. 343.

What actions or causes of action involve injury to the reputation within statutes relating to survival of causes of action or abatement of actions, 117 A.L.R. 574.

Revivor of suit for cancellation or suit for reinstatement of life insurance pending at death of insured, 125 A.L.R. 706.

Right of one to contest will as passing to his assignee, personal representative, heir or next of kin; revival of pending contest upon death of contestant, 129 A.L.R. 324.

Death of principal defendant as abating or dissolving garnishment or attachment, 131 A.L.R. 1146.

Abatement or survival, upon death of party, of action, or cause of action, based on libel or slander, 134 A.L.R. 717.

Effect of death of party to divorce or annulment suit before final decree, 158 A.L.R. 1205.

Conflict of laws as regards survival of cause of action and revival or pending action upon death of party, 42 A.L.R.2d 1170.

Capacity of local or foreign personal representative to maintain action for death under foreign statute providing for action by personal representative, 52 A.L.R.2d 1016.

Abatement or survival of action for attorney's malpractice or negligence upon death of either party, 65 A.L.R.2d 1211.

Illness or death of party, counsel, or witness as excuse for failure to timely prosecute action, 80 A.L.R.2d 1399.

Assignability and survivability of cause of action created by civil rights statute, 88 A.L.R.2d 1153.

For whose benefit a survival action under the Federal Employers' Liability Act, or the Jones Act, may be prosecuted, 94 A.L.R.2d 910.

Survival of action or cause of action under civil damage acts, 94 A.L.R.2d 1140.

Death of putative father as precluding action for determination of paternity or for child support, 58 A.L.R.3d 188.

Validity of exception for specific kind of tort action in survival statute, 77 A.L.R.3d 1349.

Modern status: inheritability or descendability of right to contest will, 11 A.L.R.4th 907.

Claim for punitive damages in tort action as surviving death of tortfeasor or person wronged, 30 A.L.R.4th 707.

Abatement of state criminal case by accused's death pending appeal of conviction - modern cases, 80 A.L.R.4th 189.