Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed. Where his right has passed to his personal representative, the revivor shall be in his name; where it has passed to his heirs or devisees, who could support the action if brought anew, the revivor may be in their names.
Neb. Rev. Stat. § 25-1410
Death of plaintiff; in whose name action revived
Applied in 3 court decisions — leading case In re Conservatorship of Franke (2016)
Most recently applied in In re Conservatorship of Franke (March 2016)
R.S.1867, Code § 463, p. 470; R.S.1913, § 8031; C.S.1922, § 8972; C.S.1929, § 20-1410; R.S.1943, § 25-1410.
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.