The revivor shall be by a conditional order of the court, if made in term, or by a judge thereof if in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased, and proceed in favor of or against them.
History: Laws 1884, ch. 5, § 6; C.L. 1884, § 2143; C.L. 1897, § 3092; Code 1915, § 4269; C.S. 1929, § 105-1207; 1941 Comp., § 19-708; 1953 Comp., § 21-7-8.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Section 34-6-2 NMSA 1978 provides that the district court shall always be in session.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 124.
1 C.J.S. Abatement and Revival § 179.
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