Section 17-15-33

Contest not abated by death of contestant.

In all contests of elections, such contests are not abated by the death of the party commencing them before final judgment, if any qualified elector appears in court and substitutes himself as a contestant and gives good and sufficient security for the costs which have accrued or may accrue on the contest. But if no qualified elector appears and proposes to substitute himself as the party contesting, the contest abates on the death of the contesting party, and judgment must be rendered against his sureties for the costs of the contest, which must be collected by execution in the name of the party whose election was contested. In all cases the person whose election is contested, if he is the successful party in such contest, is entitled to judgment for the cost thereof against the party contesting and his sureties, for which execution may issue returnable to the court of probate or to the circuit court, as the case may be.

(Code 1896, §1701; Code 1907, §475; Code 1923, §565; Code 1940, T. 17, §251.)