Nebraska § 25-1404 Death of one of several parties; cessation of powers of personal representative; right of action not surviving to or against remaining parties; procedure

Nebraska Statutes

§ 25-1404 — Death of one of several parties; cessation of powers of personal representative; right of action not surviving to or against remaining parties; procedure

Nebraska § 25-1404

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-1404 (Death of one of several parties; cessation of powers of personal representative; right of action not surviving to or against remaining parties; procedure) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 25-1404 (2026).

Text

Where one of the several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action does not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties; but the judgment shall not prejudice any who are not parties at the time of the trial.

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Where one of the several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action does not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties; but the judgment shall not prejudice any who are not parties at the time of the trial.