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 37-2-1 – What causes of action survive.
In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought, notwithstanding the death of the person entitled or liable to the same. The […]
Section 37-2-2 – [Transfer pendente lite; no abatement.]
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. ANNOTATIONS Bracketed material. — The bracketed material was inserted by […]
Section 37-2-3 – [Marriage; conviction of crime; suit against prisoner.]
No action shall abate by the marriage or conviction of crime of a party, if the cause of action survive or continue, but the court may order the same to proceed, and an action may be brought or prosecuted to final judgment against any person in prison for crime, regardless of such imprisonment. History: Laws […]
Section 37-2-4 – [Death of party to pending action; no abatement; exceptions.]
No action pending in any court shall abate by the death of either, or both, the parties thereto, except an action for libel, slander, malicious prosecution, assault or assault and battery, for a nuisance or against a justice of the peace [magistrate] for misconduct in office, which shall abate by the death of the defendant. […]
Section 37-2-5 – [Death or cessation of power; procedure when right of action survives to or against coparty.]
Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as a personal representative cease, if the right of action survives to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record. […]