An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by § 16-62-107(b) , whichever shall be longer. Civil Code, § 562; C. & M. Dig., § 1066; Pope's Dig., § 1269; Acts 1963, No. 84, § 4; A.S.A. 1947, § 27-1017. An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by § 16-62-107(b) , whichever shall be longer. Civil Code, § 562; C. & M. Dig., § 1066; Pope's Dig., § 1269; Acts 1963, No. 84, § 4; A.S.A. 1947, § 27-1017. An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by § 16-62-107(b) , whichever shall be longer. Civil Code, § 562; C. & M. Dig., § 1066; Pope's Dig., § 1269; Acts 1963, No. 84, § 4; A.S.A. 1947, § 27-1017. An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by § 16-62-107(b) , whichever shall be longer. Civil Code, § 562; C. & M. Dig., § 1066; Pope's Dig., § 1269; Acts 1963, No. 84, § 4; A.S.A. 1947, § 27-1017.
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