Ex Parte Meador

The question here presented for decision is the proper construction of section 2499 of the Code, which reads as follows:

"No action abates by the death or other disability of the plaintiff or defendant, if the cause of action survive or continue; but the same must, on motion, within twelve months thereafter, be revived in the name of or against the legal representative of the deceased, his successor, or party in interest; or the death of such party may be suggested upon the record, and the action proceed in the name of or against the survivor."

The acute question to be determined is whether the…