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, for a nuisance or against a justice of the peace [magistrate] for misconduct in office, which shall abate by the death of the defendant.
§ 37-2-4 NMSA 1978
[Death of party to pending action; no abatement; exceptions.]
Applied in 2 court decisions — leading case Oliveros v. Mitchell (2006)
Most recently applied in 960 F. Supp. 2d 1200 - Nordwall v. PHC-LAS Cruces, Inc. (July 2013)
Laws 1884, ch. 5, § 2; C.L. 1884, § 2139; C.L. 1897, § 3088; Code 1915, § 4265; C.S. 1929, § 105-1203; 1941 Comp., § 19-704; 1953 Comp., § 21-7-4.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.