2018 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 2 - Abatement and Revivor
Section 37-2-6 - Proceeding with remaining parties when no survival of action.]
Where one of several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action do [does] not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties, but the judgment shall not prejudice any who were not parties at the time of the trial.
History: Laws 1884, ch. 5, § 4; C.L. 1884, § 2141; C.L. 1897, § 3090; Code 1915, § 4267; C.S. 1929, § 105-1205; 1941 Comp., § 19-706; 1953 Comp., § 21-7-6.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For powers of surviving personal representative, see 45-3-718 NMSA 1978.
For rule relating to substitution of parties upon the happening of various contingencies, including death of a party, see Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 45 et seq.
1 C.J.S. Abatement and Revival §§ 122 to 124.
