Article 14: Revivor and Survival of Actions · Not amended since original codification · Last verified July 22, 2026
R.S.1867, Code § 472, p. 472; R.S.1913, § 8040; C.S.1922, § 8981; C.S.1929, § 20-1419; R.S.1943, § 25-1419.
Most of Article 14 addresses death before judgment. Section 25-1419 extends the same basic idea to a case where death comes later — after judgment has been entered but before it has been satisfied. If either or both of the parties die during that window, their representatives, real or personal, or both, depending on what the situation requires, may be made parties to the judgment.
The mechanism for doing so is the same one already described for reviving actions before judgment. This section does not create a separate procedure; it borrows the motion, conditional order, and service process from §§ 25-1405 through 25-1409 and applies it to the post-judgment setting. Once the representatives are made parties, the judgment may be rendered and execution awarded against them just as it might or ought to have been awarded against the deceased party directly, whether that means the real representatives (those who took real property), the personal representative (administering the general estate), or both.
Section 25-1420, immediately following, addresses a related but distinct problem: what happens when a judgment goes dormant, meaning it has sat unenforced long enough that it needs its own revivor, and the ten-year outer limit on doing so.
Under § 25-1419, the deceased party’s representatives, real or personal, or both, may be made parties to the judgment, using the same manner prescribed for reviving an action before judgment.
The same procedure already set out for reviving actions before judgment — the motion, conditional order, and service process described in §§ 25-1405 through 25-1409.
It distinguishes representatives connected to real property from the personal representative administering the general estate; the statute allows either or both, depending on what the case requires.
Yes. The statute allows judgment to be rendered and execution awarded as might or ought to be given against the real or personal representatives, or both, of the deceased party.
Section 25-1420 addresses dormant judgments specifically, including a ten-year limit on reviving them, as distinct from the post-judgment, pre-satisfaction death covered here.
Both. It covers the death of either or both parties after judgment and before satisfaction.