No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, assault, or assault and battery, or for a nuisance, which shall abate by the death of the defendant.
Neb. Rev. Stat. § 25-1402
Actions which abate by death of defendant
Applied in 6 court decisions — leading case Herrera v. Valentine (1981)
Most recently applied in Muller v. Weeder (March 2023)
R.S.1867, Code § 455, p. 469; R.S.1913, § 8023; C.S.1922, § 8964; C.S.1929, § 20-1402; R.S.1943, § 25-1402; Laws 1972, LB 1032, § 130.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.