Section 6-5-460 Abatement – Actions by or against unmarried women not abated upon marriage. A claim upon which an action has been filed by or against an unmarried woman does not abate on her marriage, but, the marriage being suggested upon the record, the action proceeds in her name acquired by the marriage, and judgment […]
Section 6-5-461 Abatement – Actions by informers. In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and all others shall abate. (Code 1907, §2452; Code 1923, §5658; Code 1940, T. 7, §148.)
Section 6-5-462 Survival – Claims by and against personal representative in proceedings not of an equitable nature. In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon […]
Section 6-5-463 Survival – Real property claims to which actions filed. Real property claims with respect to which actions have been filed survive in favor of heirs, devisees, or personal representatives and against heirs, devisees, tenants, or personal representatives according to their respective rights, and the court must direct the record and judgment to be […]
Section 6-5-464 Survival – Claims equitable in nature. (a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action. (b) All claims equitable in nature upon which no action has been filed […]
Section 6-5-465 Survival – Substitution of personal representative where no action filed. If a claim upon which no action has been filed survives on the death of a defendant, substitution of his personal representative may be effected under the Alabama Rules of Civil Procedure; but final judgment must not be entered against a personal representative […]
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper […]
