§ 25-1414 — Revivor as to plaintiff; time; limitation; revivor as to both parties

Nebraska § 25-1414

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

Text

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defendant shall also have died, or his powers have ceased in the meantime, the order of revivor on both sides may be made in the period limited in section 25-1413 .

Legislative History

Source: R.S.1867, Code § 467, p. 471; R.S.1913, § 8035; C.S.1922, § 8976; C.S.1929, § 20-1414; R.S.1943, § 25-1414. Annotations: Where the defendant did not object to the conditional order of revivor and allowed it to become final, defendant's subsequent efforts to challenge the revivor action are of no avail. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978). In case of the death of a party after final judgment and before an appeal is taken, revivor statutes do not suspend the running of time in which an appeal can be taken. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938). Where the sole defendant dies after filing notice of appeal and supersedeas bond, his attorney does not confer jurisdiction on Supreme Court by filing transcript after defendant's death, and court cannot substitute administrator of his estate. Independent Lubricating Co. v. Good, 133 Neb. 431, 275 N.W. 668 (1937).