Where one of the parties to an action dies, or his powers as a personal representative cease, before the judgment, if the right of action survives in favor of or against his representatives or successor, the action may be revived, and proceed in their names.
Neb. Rev. Stat. § 25-1405
Death of party; cessation of powers of personal representative; right of action surviving to or against successor; revivor
Applied in 3 court decisions — leading case 2 Neb. Ct. App. 123 - Association of Commonwealth v. Hake (1993)
Most recently applied in 14 Neb. Ct. App. 842 - Linch v. Northport Irrigation District (July 2006)
R.S.1867, Code § 458, p. 470; R.S.1913, § 8026; C.S.1922, § 8967; C.S.1929, § 20-1405; R.S.1943, § 25-1405.
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.