§ 25-1406 — Revivor; procedure; conditional order

Nebraska § 25-1406

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

Text

The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased; and proceed in favor of or against them.

Legislative History

Source: R.S.1867, Code § 459, p. 470; R.S.1913, § 8027; C.S.1922, § 8968; C.S.1929, § 20-1406; R.S.1943, § 25-1406. Annotations: Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978). Procedure for revivor is provided for actions that do not abate. Workman v. Workman, 167 Neb. 857, 95 N.W.2d 186 (1959). Provisions of the civil code relative to abatement and revivor of actions are applicable to revivor of actions in Supreme Court. Keefe v. Grace, 142 Neb. 330, 6 N.W.2d 59 (1942). If order is made absolute, right of administrator cannot be contested in main action. Missouri P. Ry. Co. v. Fox, 56 Neb. 746, 77 N.W. 130 (1898).