Page:1862 Territory of Dakota Session Laws.pdf/135

118 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.

. 419. Upon the death of a 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.

. 420. Upon the death of a defendant in an action, wherein the right, or any part thereof, survives against his personal representative, the revivor shall be against him; and it may also be against the heirs or devisees of the defendant, or both, when the right of action or any part thereof survives against them.

. 421. Upon the death of a defendant in an action for the recovery of real property only, or which concerus only his rights or claims to such property, the action may be revived against his heirs or devisees, or both, and an order therefor may be forthwith made, in the manner directed in the preceding sections of this title.

. 422 An order to revive an action against the representatives or successor of a defendant, shall not be made without the consent of such representatives or successor, unless in one year from the time it could have been first made.

. 423. An order to revive an action in the names of the representatives or successor of a plaintiff, may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defendant shall also have died, or his power have ceased in the mean time, the order of revivor on both sides may be made in the period limited in the last section.

. 424. When it appears to the court by affidavit, that either party to an action has been dead, or where a party sues, or is sued as a personal representative, that his powers have ceased for a period so long that the action cannot be received [revived] in the names of his representative or successor, without the consent of both parties, it shall order the action to be stricken from the docket.