2019 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.]

Universal Citation:
NM Stat § 37-2-6 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

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.

ANNOTATIONS

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.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.