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

Neb. Rev. Stat. § 25-1410 (2026)

Death of plaintiff; in whose name action revived

✓ current as of July 2026
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Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed. Where his right has passed to his personal representative, the revivor shall be in his name; where it has passed to his heirs or devisees, who could support the action if brought anew, the revivor may be in their names.

Notes of Decisions
Cited in 6 cases, 1951–2017 · leading case: Spradlin v. Myers, 264 N.W.2d 658 (Neb. 1978).
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Spradlin v. Myers, 264 N.W.2d 658 (Neb. 1978). · cites it 12× “" (Emphasis supplied.) The defendant argues that where the right of action passes to the personal representative of the deceased, as an action of the nature of plaintiff's would under our law, then, according to our statutory scheme, the revivor must be in the name of the…”
In re Conservatorship of Franke, 875 N.W.2d 408 (Neb. 2016). · cites it 2× “11 See Neb. Rev. Stat. § 25-1410 (Reissue 2008).”
Fitzgerald v. Clarke, 621 N.W.2d 844 (Neb. Ct. App. 2001). · cites it 2× “Neb. Rev. Stat. § 25-1410 (Reissue 1995) provides: Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed.”
Anderson v. Finkle, 296 Neb. 797 (Neb. 2017). “Hence, we turn to Finkle’s second notice of appeal, filed on March 22, 2016, in which Finkle appealed the order of revivor and all underlying orders and judgments.”
Stackley v. State Dept. of Environ. Control, 386 N.W.2d 884 (Neb. 1986). · cites it 2× “See Neb. Rev. Stat. § 25-1410 (Reissue 1979).”
Egan v. Niemann, 47 N.W.2d 404 (Neb. 1951). · cites it 2× “Section 25-1410, R. R. S. 1943, provides: “Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed.”
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