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 upon them or that the names and residence of the heirs or devisees of the person against whom the action may be ordered to be revived, or some of them are unknown to the affiant, a notice may be published as provided in Chapter XCIV, notifying them to appear on a day therein named and show cause why the action should not be revived against them, and if sufficient cause be not shown to the contrary, the action shall stand revived.
History: Laws 1884, ch. 5, § 9; C.L. 1884, § 2146; C.L. 1897, § 3095; Code 1915, § 4272; C.S. 1929, § 105-1210; 1941 Comp., § 19-709; 1953 Comp., § 21-7-9.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler’s notes. — The words “Chapter XCIV” refer to Code 1915, ch. 94, §§ 4644 to 4652, the operative provisions of which are compiled as 14-11-9, 14-11-11 NMSA 1978.
Cross references. — For statutory provisions relating to publication of notice, see 14-11-1 NMSA 1978 et seq.
For rule governing service of process, including service by publication, see Rule 1-004 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 117 et seq.
1 C.J.S. Abatement and Revival § 175.