No action shall abate by the transfer of any interest therein during its pendency.
History: Laws 1880, ch. 6, § 9; C.L. 1884, § 2155; C.L. 1897, § 3104; Code 1915, § 4281; C.S. 1929, § 105-1219; 1941 Comp., § 19-702; 1953 Comp., § 21-7-2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For rule as to transfer of interest, see Rule 1-025 NMRA.
Assignment of interest prior to entry of judgment. — If successful litigant assigns his interest after trial and announcement of decision, but before entry of final judgment, judgment may be entered in name of litigant of record and assignees need not be substituted as parties. Dietz v. Hughes, 1935-NMSC-055, 39 N.M. 349, 47 P.2d 417.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 39 et seq.
1 C.J.S. Abatement and Revival §§ 107, 108.
Structure 2021 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 2 - Abatement and Revivor
Section 37-2-1 - What causes of action survive.
Section 37-2-2 - [Transfer pendente lite; no abatement.]
Section 37-2-3 - [Marriage; conviction of crime; suit against prisoner.]
Section 37-2-4 - [Death of party to pending action; no abatement; exceptions.]
Section 37-2-6 - [Proceeding with remaining parties when no survival of action.]
Section 37-2-7 - [Revivor in name of representative or successor authorized.]
Section 37-2-8 - [Order of revivor.]
Section 37-2-10 - [Revivor on death of plaintiff.]
Section 37-2-11 - [Revivor on death of defendant.]
Section 37-2-12 - [Revivor of action concerning real estate on death of defendant.]
Section 37-2-15 - [When action to be stricken from docket.]
Section 37-2-16 - [Death of plaintiff; procedure by defendant to obtain revivor or dismissal.]