Nebraska § 25-1413 Revivor as to defendant; time; limitation

Nebraska Statutes

§ 25-1413 — Revivor as to defendant; time; limitation

Nebraska § 25-1413

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-1413 (Revivor as to defendant; time; limitation) 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. § 25-1413 (2026).

Text

An order to revive an action against the representatives or successor of a defendant shall not be made without the consent of such representatives or successor, unless in one year from the time it could have been first made.

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Legislative History

Source: R.S.1867, Code § 466, p. 471; R.S.1913, § 8034; C.S.1922, § 8975; C.S.1929, § 20-1413; R.S.1943, § 25-1413. Annotations: Requirement of revivor within one year is not exclusive and has no application to dormant judgment. Rich v. Cooper, 136 Neb. 463, 286 N.W. 383 (1939). Statutes regulating revival of action are permissive in quality and do not operate to suspend or interrupt time in which an appeal can be taken. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938). Successor of deceased judgment creditor may revive by original bill. Keith v. Bruder, 77 Neb. 215, 109 N.W. 172 (1906). This section does not provide exclusive method. Plaintiff may revive by supplemental petition after one year, in discretion of court. Hayden v. Huff, 62 Neb. 375, 87 N.W. 184 (1901). Limitation of one year is not applicable to revival of dormant judgments. School Dist. No. 34, Adams County v. Kountze Bros., 3 Neb. Unof. 690, 92 N.W. 597 (1902).