An order to revive an action against the representatives or successor of a defendant, shall not be made without the consent of such representative or successor, unless in one year from the time it could have been first made.
History: Laws 1884, ch. 5, § 13; C.L. 1884, § 2150; C.L. 1897, § 3099; Code 1915, § 4276; C.S. 1929, § 105-1214; 1941 Comp., § 19-713; 1953 Comp., § 21-7-13.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For revivor on death of defendant, in general, see 37-2-11 NMSA 1978.
For rule relating to substitution of parties, see Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq.
1 C.J.S. Abatement and Revival §§ 172, 173.
Structure 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.]