When, by the provisions of the preceding sections of this article, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had not death or cessation of powers taken place.
History: Laws 1884, ch. 5, § 17; C.L. 1884, § 2154; C.L. 1897, § 3103; Code 1915, § 4280; C.S. 1929, § 105-1218; 1941 Comp., § 19-717; 1953 Comp., § 21-7-17.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The compilers of the 1915 Code substituted "preceding sections of this article" for "preceding sections", thereby presumably extending the reference to include Code 1915, §§ 4263 to 4279, the operative provisions of which are compiled as 37-2-1, 37-2-3 to 37-2-16 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 114.
1 C.J.S. Abatement and Revival § 180.
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.]