§ 25-1403 — Death of one of several parties; cessation of powers of personal representative; right of action surviving to or against remaining parties; procedure

Nebraska § 25-1403

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

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 survive 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.

Legislative History

Source: R.S.1867, Code § 456, p. 469; R.S.1913, § 8024; C.S.1922, § 8965; C.S.1929, § 20-1403; R.S.1943, § 25-1403. Annotations: Statutory provisions regarding revivor of actions apply to cases in which a party dies pending an appeal, and any order of revivor or substitution must be had in the court having jurisdiction at the time of the party's death. Muller v. Weeder, 313 Neb. 639, 986 N.W.2d 38 (2023). An order reviving an action, whether the order was entered in proceedings under section 25-322 or under this section to section 25-1420, is not a final order from which an appeal may immediately be taken. The order may be reviewed after final judgment in the case. Platte Valley Nat. Bank v. Lasen, 273 Neb. 602, 732 N.W.2d 347 (2007). In an action seeking damages for injuries sustained in an automobile collision, the plaintiff's cause of action survives and does not abate on his death. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978). Summary method of revivor is not exclusive. Keith v. Bruder, 77 Neb. 215, 109 N.W. 172 (1906). Section applied to action in Supreme Court on error. Jameson v. Bartlett, 63 Neb. 638, 88 N.W. 860 (1902). Summary mode of revivor is not exclusive. Hayden v. Huff, 62 Neb. 375, 87 N.W. 184 (1901). This section applies to actions before justice of peace. Miller v. Curry, 17 Neb. 321, 22 N.W. 559 (1885).