At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representative, in whose names the action might be revived, ten days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived. History: Laws 1884, ch. 5, § 16; C.L. 1884, § 2153; C.L. 1897, § 3102; Code 1915, § 4279; C.S. 1929, § 105-1217; 1941 Comp., § 19-716; 1953 Comp., § 21-7-16. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For rule relating to substitution of parties, see Rule 1-025 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 C.J.S. Abatement and Revival § 158.
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