2021 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 1 - Limitations of Actions
Section 37-1-11 - [Effect of death.]
If the person entitled to a cause of action die within one year next previous to the expiration of the limitation above provided, the representatives of such persons shall have one year after such death within which to commence said action.
History: Laws 1880, ch. 5, § 11; C.L. 1884, § 1870; C.L. 1897, § 29-23; Code 1915, § 3354; C.S. 1929, § 83-109; 1941 Comp., § 27-110; 1953 Comp., § 23-1-11.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Effect of section. — This section would allow the bringing of suit within one year from the date of death of an incompetent, provided the injury sued upon did not result in death. Kilkenny v. Kenney, 1961-NMSC-019, 68 N.M. 266, 361 P.2d 149.
Section held applicable to claim on note against decedent's estate. Browning v. Estate of Browning, 1886-NMSC-022, 3 N.M. (Gild.) 659, 9 P. 677.
Section applies to proceedings in probate court. Browning v. Estate of Browning, 1886-NMSC-022, 3 N.M. (Gild.) 659, 9 P. 677.
Section inapplicable to wrongful death. — The Wrongful Death Act, and not this section, applies where the injury sued upon resulted in death. Kilkenny v. Kenney, 1961-NMSC-019, 68 N.M. 266, 361 P.2d 149.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Limitation of Actions §§ 194, 195.
Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A.L.R.2d 1249.
Entry or indorsement by creditor on note, bond or other obligation as evidence of part payment which will toll the statute of limitations, 23 A.L.R.2d 1331.
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.
54 C.J.S. Limitations of Action §§ 118, 119.
