Upon the death of one or more of several plaintiffs or defendants in an action, wherein the cause of action survives, such action shall not abate, but may be prosecuted by or against the surviving plaintiff, or defendant.

Code 1852, § 2294; Code 1915, § 4153; Code 1935, § 4636; 10 Del. C. 1953, § 3702.;

Terms Used In Delaware Code Title 10 Sec. 3702

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.