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Revive

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

To renew; to make operative again. Reviving: spoken of a suit, implies that it has abated, and means taking steps — such as bringing in a new party — to make it again a living suit. Spoken of a judgment, it implies that it has become dormant or extinct, and means instituting some proceeding or obtaining some order to make it operative anew. Revival; reviver; revivor: the act or step of renewing that which has abated or become dormant. As to bill of revivor, see Bill. Revivor was a proceeding to revive a suit or action which became abated by the death of one of the parties, the marriage of a female party, or some other cause. In chancery, this was formerly done by bill of revivor, in which the whole of the original bill was set forth, together with the new matter which had arisen; but now, may be done by order of revivor, obtainable on motion or petition of course. At law, a writ of revivor lay to revive a judgment which could not be enforced directly by writ of execution, in consequence of lapse of time or change of parties. Mozley Sr W.