When one of the parties to an action dies, or his powers as a personal representative cease before the judgment, if the right of action survive in favor of or against his representative or successor, the action may be revived and proceed in their names.
History: Laws 1884, ch. 5, § 5; C.L. 1884, § 2142; C.L. 1897, § 3091; Code 1915, § 4268; C.S. 1929, § 105-1206; 1941 Comp., § 19-707; 1953 Comp., § 21-7-7.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For revival of actions founded on contract, which have become barred by statute of limitations, see 37-1-16 NMSA 1978.
For substitution of successor personal representative, see 45-3-613 NMSA 1978.
For rule relating to substitution of parties upon the happening of various contingencies, see Rule 1-025 NMRA.
Filing against estate unnecessary. — The revival of a suit pending against a decedent at the time of his death, within the time for filing claims against the estate, dispenses with filing the claim against the estate. Romero v. Hopewell, 1922-NMSC-037, 28 N.M. 259, 210 P. 231.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 110 et seq.
1 C.J.S. Abatement and Revival §§ 155 to 158.