revival of action

revival of action
The procedure by which a proper party, personal representative, heir, distributee, legatee, or devisee, is substituted for a deceased party and the action continued in name of the substituted party. Grant v McAuliffe, 41 Cal 2d 859, 264 P2d 944, 42 ALR2d 1162. A procedure at common law and under some statutes by writ of scire facias but more commonly under modern statutes, by motion. 1 Am J2d Abat & R § 117. The revival is not a new suit; it is still the same suit, in which both parties are entitled to the benefit of all former proceedings. Havens v Seashore Land Co. 57 NJ Eq 142, 149, 41 A 755.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем решить контрольную работу

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