Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1402 (2026)

Actions which abate by death of defendant

✓ current as of July 2026
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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, or for a nuisance, which shall abate by the death of the defendant.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1945–2023 · leading case: Fox v. Nick, 660 N.W.2d 881 (Neb. 2003).
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Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). · cites it 6× “Specifically, Neb. Rev. Stat. § 25-1402 (Reissue 1995) provides that “[n]o 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, or for a nuisance,…”
Muller v. Weeder, 986 N.W.2d 38 (Neb. 2023). · cites it 3× “§ 25-1402 (Reissue 2016), which provides: “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, or for a nuisance, which shall abate by the…”
Willis v. Rose, 388 N.W.2d 101 (Neb. 1986). · cites it 5× “§ 25-1402 (Reissue 1985) provides: “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, or for a nuisance, which shall abate by the death of…”
Bullock v. J.B., 725 N.W.2d 401 (Neb. 2006). · cites it 2× “Neb. Rev. Stat. § 25-1402 (Reissue 1995) further provides that “[n]o 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, or for a nuisance, which…”
Williams v. Williams, 19 N.W.2d 630 (Neb. 1945). · cites it 2× “The personal representative of the deceased urges the application of section 25-1402, R. S. 1943, which provides in part: “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,…”
Fitzgerald v. Clarke, 621 N.W.2d 844 (Neb. Ct. App. 2001). · cites it 2× “Neb. Rev. Stat. § 25-1402 (Reissue 1995) states: “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, or for a nuisance, which shall abate by…”
Rhein v. Caterpillar Tractor Co., 314 N.W.2d 19 (Neb. 1982). “” And § 25-1402 provides: “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, or for a nuisance, which shall abate by the death of the…”
Linch v. Northport Irrigation Dist., 717 N.W.2d 522 (Neb. Ct. App. 2006). · cites it 3× “Pursuant to § 25-1402, “[n]o 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, or for a nuisance, which shall abate by the death of the…”
Trackwell v. Cnty. of Lancaster (Neb. Ct. App. 2020). · cites it 3× “We find no plain error in the trial court’s conclusion. Lacey’s Death. We note that a suggestion of death was filed with this court as part of a supplemental transcript on March 30, 2020, indicating that Lacey passed away on January 2.”
In re Diers, 320 B.R. 166 (Bankr. D. Neb. 2004). “§ 25-1402. Actions which abate by death of defendant.”
Cotton v. Stephens (D. Neb. 2020). · cites it 2× “2006); Neb. Rev. Stat. Ann. § 25-1402 (Westlaw 2020).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.