When it appears to the court by affidavit that either party to an action has been dead, or where a party sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representatives or successor, without the consent of both parties, it shall order the action to be stricken from the trial docket.
Neb. Rev. Stat. § 25-1415
Abatement of actions by death or cessation of powers of representative; duty of court
Applied in 1 court decision — leading case 14 Neb. Ct. App. 842 - Linch v. Northport Irrigation District (2006)
Most recently applied in 14 Neb. Ct. App. 842 - Linch v. Northport Irrigation District (July 2006)
R.S.1867, Code § 468, p. 471; R.S.1913, § 8036; C.S.1922, § 8977; C.S.1929, § 20-1415; R.S.1943, § 25-1415; Laws 2018, LB193, § 22.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.