Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as a personal representative cease, if the right of action survives to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record.
History: Laws 1884, ch. 5, § 3; C.L. 1884, § 2140; C.L. 1897, § 3089; Code 1915, § 4266; C.S. 1929, § 105-1204; 1941 Comp., § 19-705; 1953 Comp., § 21-7-5.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For powers of surviving personal representative, see 45-3-718 NMSA 1978.
For rule regarding substitution of parties in the event of various contingencies, see Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 45 et seq.
1 C.J.S. Abatement and Revival §§ 122 to 124, 162.