Failure of plaintiff's representatives to revive after notice - Motion to strike

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived. Civil Code, § 564; C. & M. Dig., § 1068; Pope's Dig., § 1271; A.S.A. 1947, § 27-1019. At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived. Civil Code, § 564; C. & M. Dig., § 1068; Pope's Dig., § 1271; A.S.A. 1947, § 27-1019.