25-1409 Revivor; procedure; service of order by publication. - Nebraska Statutes

25-1409. Revivor; procedure; service of order by publication.When the plaintiff shall make an affidavit, that the representatives of the defendant, or any of them, in whose name the action may be ordered to be revived, are nonresidents of the state, or have left the same to avoid the service of the order, or so concealed themselves that the order cannot be served upon them, or that the names and residence of the heirs or devisees of the person against whom the action may be ordered to be revived, or some of them, are unknown to the affiant, a notice may be published once in each week for four successive weeks, in the same manner as provided by section 25-519, notifying them to appear on a day therein named, not less than ten days after the publication is complete, and show cause why the action should not be revived against them; and if sufficient cause be not shown to the contrary, the action shall stand revived. SourceR.S.1867, Code § 462, p. 470; R.S.1913, § 8030; C.S.1922, § 8971; C.S.1929, § 20-1409; R.S.1943, § 25-1409; Laws 1971, LB 47, § 2; Laws 1996, LB 299, § 20. AnnotationsTime for taking an appeal is not suspended until a representative is appointed and revivor had. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).Service by publication in revival of dormant judgment is authorized. White v. Ress, 80 Neb. 749, 115 N.W. 301 (1908).