Section 37-2-16 – [Death of plaintiff; procedure by defendant to obtain revivor or dismissal.]
At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff’s proper representative, in whose names the action might be revived, ten days’ notice of the application therefor, may have an order to strike the action from the docket, and […]
Section 37-2-17 – [No postponement of trial upon revivor.]
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. […]
Section 37-2-6 – [Proceeding with remaining parties when no survival of action.]
Where one of several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action do [does] not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed […]
Section 37-2-7 – [Revivor in name of representative or successor authorized.]
When one of the parties to an action dies, or his powers as a personal representative cease before the judgment, if the right of action survive in favor of or against his representative or successor, the action may be revived and proceed in their names. History: Laws 1884, ch. 5, § 5; C.L. 1884, § […]
Section 37-2-8 – [Order of revivor.]
The revivor shall be by a conditional order of the court, if made in term, or by a judge thereof if in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased, and proceed in favor of or against them. History: Laws […]
Section 37-2-9 – [Publication of notice where representatives of defendant nonresidents, etc.; when action revived.]
When the plaintiff shall make an affidavit that the representatives of the defendant, or any of them, in whose name the action may be ordered to be revived, are nonresidents of the state, or have left the same to avoid the service of the order, or so concealed themselves that the order cannot be served […]
Section 37-2-10 – [Revivor on death of plaintiff.]
Upon the death of the plaintiff in an action, it may be revived in the names of his representatives to whom his rights have passed; where his right has passed to his personal representatives the revivor shall be in his name; where it has passed to his heirs or devisees who could support the action […]
Section 37-2-11 – [Revivor on death of defendant.]
Upon the death of a defendant in an action, wherein the right of any part thereof survives against his personal representatives, the revivor shall be against him, and it may also be against the heirs or devisees of the defendant, or both, when the right of action or any part thereof survives against them. History: […]
Section 37-2-12 – [Revivor of action concerning real estate on death of defendant.]
Upon the death of a defendant in an action for the recovery of real property only, or which concerns only his rights or claims to such property, the action may be revived against his heirs or devisees, or both; and an order therefor may be forthwith made, in the manner directed in the preceding sections […]
Section 37-2-13 – [Consent required for revivor against defendant’s representative or successor; exception.]
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 […]