8.01-17 - When party whose powers cease is defendant.
§ 8.01-17. When party whose powers cease is defendant.
When the party whose powers cease is defendant, the plaintiff may continuehis suit against him to final judgment or decree; provided that a successorin interest may be substituted in accordance with the Rules of Court; andprovided further that upon motion the court may order that the suit proceedagainst the former party as well as the successor.
(Code 1950, § 8-152; 1954, c. 333; 1977, c. 617.)