2018 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 2 - Abatement and Revivor
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.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For rule as to transfer of interest, see Rule 1-025 NMRA.
Assignment of interest prior to entry of judgment. — If successful litigant assigns his interest after trial and announcement of decision, but before entry of final judgment, judgment may be entered in name of litigant of record and assignees need not be substituted as parties. Dietz v. Hughes, 1935-NMSC-055, 39 N.M. 349, 47 P.2d 417.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 39 et seq.
1 C.J.S. Abatement and Revival §§ 107, 108.
