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 37-1-29 – Limitation [on parent-child relationship determination].
An action to determine a parent and child relationship shall be brought no later than three years after the child has reached the age of majority. History: 1978 Comp., § 37-1-29, enacted by Laws 1985, ch. 105, § 18. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part […]
Section 37-1-30 – Action for damages due to childhood sexual abuse; limitation on actions.
A. An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates: (1) the first instant of the person’s twenty-fourth birthday; or (2) three years from the date that a person first disclosed the person’s childhood sexual abuse to a […]
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. […]
Section 37-1-26 – [Questioning of privilege or franchise granted by municipal corporation.]
No action or suit shall be brought to call in question any privilege or franchise granted by any municipal corporation, unless the same shall be brought within six years after the same shall have been granted, or claimed to have been granted, and any such privilege or franchise heretofore granted by any municipal corporation shall, […]