Where there are several plaintiffs or defendants in an action and one of them dies, or his powers as a personal representative cease, if the right of action survive to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers, being stated on the record.
Neb. Rev. Stat. § 25-1403
Death of one of several parties; cessation of powers of personal representative; right of action surviving to or against remaining parties; procedure
Applied in 8 court decisions — leading case Nebraska Depository Institution Guaranty Corp. v. Stastny (1993)
Most recently applied in Johnson v. Antoniutti (February 2025)
R.S.1867, Code § 456, p. 469; R.S.1913, § 8024; C.S.1922, § 8965; C.S.1929, § 20-1403; R.S.1943, § 25-1403.
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.