reglab/housing_qa huggingface dataset:
NM Stat § 37-2-6 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-6 - [Proceeding with remaining parties when no survival of action.]

Where one of several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action do [does] not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties, but the judgment shall not prejudice any who were not parties at the time of the trial. History: Laws 1884, ch. 5, § 4; C.L. 1884, § 2141; C.L. 1897, § 3090; Code 1915, § 4267; C.S. 1929, § 105-1205; 1941 Comp., § 19-706; 1953 Comp., § 21-7-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For powers of surviving personal representative, see 45-3-718 NMSA 1978. For rule relating to substitution of parties upon the happening of various contingencies, including death of a party, see Rule 1-025 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 45 et seq. 1 C.J.S. Abatement and Revival §§ 122 to 124.
NM Stat § 37-2-7 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-7 - [Revivor in name of representative or successor authorized.]

When one of the parties to an action dies, or his powers as a personal representative cease before the judgment, if the right of action survive in favor of or against his representative or successor, the action may be revived and proceed in their names. History: Laws 1884, ch. 5, § 5; C.L. 1884, § 2142; C.L. 1897, § 3091; Code 1915, § 4268; C.S. 1929, § 105-1206; 1941 Comp., § 19-707; 1953 Comp., § 21-7-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For revival of actions founded on contract, which have become barred by statute of limitations, see 37-1-16 NMSA 1978. For substitution of successor personal representative, see 45-3-613 NMSA 1978. For rule relating to substitution of parties upon the happening of various contingencies, see Rule 1-025 NMRA. Filing against estate unnecessary. — The revival of a suit pending against a decedent at the time of his death, within the time for filing claims against the estate, dispenses with filing the claim against the estate. Romero v. Hopewell, 1922-NMSC-037, 28 N.M. 259, 210 P. 231. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 110 et seq. 1 C.J.S. Abatement and Revival §§ 155 to 158.
NM Stat § 37-2-8 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-8 - [Order of revivor.]

The revivor shall be by a conditional order of the court, if made in term, or by a judge thereof if in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased, and proceed in favor of or against them. History: Laws 1884, ch. 5, § 6; C.L. 1884, § 2143; C.L. 1897, § 3092; Code 1915, § 4269; C.S. 1929, § 105-1207; 1941 Comp., § 19-708; 1953 Comp., § 21-7-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Section 34-6-2 NMSA 1978 provides that the district court shall always be in session. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 124. 1 C.J.S. Abatement and Revival § 179.
NM Stat § 37-2-9 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-9 - [Publication of notice where representatives of defendant nonresidents, etc.; when action revived.]

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 as provided in Chapter XCIV, notifying them to appear on a day therein named 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. History: Laws 1884, ch. 5, § 9; C.L. 1884, § 2146; C.L. 1897, § 3095; Code 1915, § 4272; C.S. 1929, § 105-1210; 1941 Comp., § 19-709; 1953 Comp., § 21-7-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "Chapter XCIV" refer to Code 1915, ch. 94, §§ 4644 to 4652, the operative provisions of which are compiled as 14-11-9, 14-11-11 NMSA 1978. Cross references. — For statutory provisions relating to publication of notice, see 14-11-1 NMSA 1978 et seq. For rule governing service of process, including service by publication, see Rule 1-004 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 117 et seq. 1 C.J.S. Abatement and Revival § 175.
NM Stat § 37-2-10 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-10 - [Revivor on death of plaintiff.]

Upon the death of the plaintiff in an action, it may be revived in the names of his representatives to whom his rights have passed; where his right has passed to his personal representatives 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. History: Laws 1884, ch. 5, § 10; C.L. 1884, § 2147; C.L. 1897, § 3096; Code 1915, § 4273; C.S. 1929, § 105-1211; 1941 Comp., § 19-710; 1953 Comp., § 21-7-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For limitation on revivor in name of plaintiff's representative or successor, absent consent, see 37-2-14 NMSA 1978. For rule relating to substitution of parties, see Rule 1-025 NMRA. "May". — The use of the word "may" in this section has no bearing upon the question of who are and who are not indispensable parties; it simply permits certain individuals to take the initiative in making the litigation go forward. Keirsey v. Hirsch, 1953-NMSC-112, 58 N.M. 18, 265 P.2d 346, superseded by rule and Sims v. Sims, 1996-NMSC-078, 122 N.M. 618, 930 P.2d 153. Passing of decedent's rights. — At the moment decedent died, his interest in certain land by virtue of contract of sale belonged to his heirs, who were entitled to possession and damages, and not to administratrix. Keirsey v. Hirsch, 1953-NMSC-112, 58 N.M. 18, 265 P.2d 346, superseded by rule and Sims v. Sims, 1996-NMSC-078, 122 N.M. 618, 930 P.2d 153. Indispensable parties. — Heirs of decedent, the original plaintiff in suit for specific performance, were indispensable parties, as was the administratrix, by reason of her obligation to pay the purchase price. Keirsey v. Hirsch, 1953-NMSC-112, 58 N.M. 18, 265 P.2d 346, superseded by rule and Sims v. Sims, 1996-NMSC-078, 122 N.M. 618, 930 P.2d 153. Adding indispensable parties. — Trial court's action permitting amendment of complaint seeking specific performance, so as to add heirs of original plaintiff as parties, and relating it back to timely substitution of administratrix upon plaintiff's death, was not improper. State ex rel. Skinner v. District Court, 1955-NMSC-106, 60 N.M. 255, 291 P.2d 301. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 119. Effect of death of beneficiary upon right of action under death statute, 13 A.L.R.4th 1060. 1 C.J.S. Abatement and Revival § 158.
NM Stat § 37-2-12 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-12 - [Revivor of action concerning real estate on death of defendant.]

Upon the death of a defendant in an action for the recovery of real property only, or which concerns 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 [37-2-5, 37-2-7 to 37-2-9, 37-2-11 NMSA 1978]. History: Laws 1884, ch. 5, § 12; C.L. 1884, § 2149; C.L. 1897, § 3098; Code 1915, § 4275; C.S. 1929, § 105-1213; 1941 Comp., § 19-712; 1953 Comp., § 21-7-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 99. 1 C.J.S. Abatement and Revival §§ 150, 160, 165.
NM Stat § 37-2-13 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-13 - [Consent required for revivor against defendant's representative or successor; exception.]

An order to revive an action against the representatives or successor of a defendant, shall not be made without the consent of such representative or successor, unless in one year from the time it could have been first made. History: Laws 1884, ch. 5, § 13; C.L. 1884, § 2150; C.L. 1897, § 3099; Code 1915, § 4276; C.S. 1929, § 105-1214; 1941 Comp., § 19-713; 1953 Comp., § 21-7-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For revivor on death of defendant, in general, see 37-2-11 NMSA 1978. For rule relating to substitution of parties, see Rule 1-025 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq. 1 C.J.S. Abatement and Revival §§ 172, 173.
NM Stat § 37-2-14 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-14 - [Revivor in name of plaintiff's representative or successor; revivor on both sides.]

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 meantime, the order of revivor on both sides may be made in the period limited in the last section [37-2-13 NMSA 1978]. History: Laws 1884, ch. 5, § 14; C.L. 1884, § 2151; C.L. 1897, § 3100; Code 1915, § 4277; C.S. 1929, § 105-1215; 1941 Comp., § 19-714; 1953 Comp., § 21-7-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For revivor on death of plaintiff, in general, see 37-2-10 NMSA 1978. For rule relating to substitution of parties, see Rule 1-025 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq. 1 C.J.S. Abatement and Revival §§ 172, 173.
NM Stat § 37-2-15 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-15 - [When action to be stricken from docket.]

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 revived in the names of his representatives or successor, without the consent of both parties, it shall order the action to be stricken from the docket. History: Laws 1884, ch. 5, § 15; C.L. 1884, § 2152; C.L. 1897, § 3101; Code 1915, § 4278; C.S. 1929, § 105-1216; 1941 Comp., § 19-715; 1953 Comp., § 21-7-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For rule relating to substitution of parties, see Rule 1-025 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq. 1 C.J.S. Abatement and Revival §§ 172, 173.
NM Stat § 37-2-16 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-16 - [Death of plaintiff; procedure by defendant to obtain revivor or dismissal.]

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representative, in whose names the action might be revived, ten days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived. History: Laws 1884, ch. 5, § 16; C.L. 1884, § 2153; C.L. 1897, § 3102; Code 1915, § 4279; C.S. 1929, § 105-1217; 1941 Comp., § 19-716; 1953 Comp., § 21-7-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For rule relating to substitution of parties, see Rule 1-025 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 C.J.S. Abatement and Revival § 158.
NM Stat § 37-2-17 (2021)
2021 New Mexico Statutes|Chapter 37 - Limitation of Actions; Abatement and Revivor|Article 2 - Abatement and Revivor|Section 37-2-17 - [No postponement of trial upon revivor.]

When, by the provisions of the preceding sections of this article, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had not death or cessation of powers taken place. History: Laws 1884, ch. 5, § 17; C.L. 1884, § 2154; C.L. 1897, § 3103; Code 1915, § 4280; C.S. 1929, § 105-1218; 1941 Comp., § 19-717; 1953 Comp., § 21-7-17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The compilers of the 1915 Code substituted "preceding sections of this article" for "preceding sections", thereby presumably extending the reference to include Code 1915, §§ 4263 to 4279, the operative provisions of which are compiled as 37-2-1, 37-2-3 to 37-2-16 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 114. 1 C.J.S. Abatement and Revival § 180.
NM Stat § 38-1-2 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-2 - [Practice statutes may be modified or suspended by rules.]

All statutes relating to pleading, practice and procedure, now existing, shall, from and after the passage of this act [38-1-1, 38-1-2 NMSA 1978], have force and effect only as rules of court and shall remain in effect unless and until modified or suspended by rules promulgated pursuant hereto. History: Laws 1933, ch. 84, § 2; 1941 Comp., § 19-302; 1953 Comp., § 21-3-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Constitutionality. — When the legislature enacted this chapter, it did not delegate to the court a function exclusively legislative, contrary to N.M. const., art. III, § 1. The trial court rules promulgated by the supreme court, though promulgated subsequent to and consequent upon the enactment of this chapter, were promulgated, nevertheless, by the court in the exercise of an inherent power lodged in the court to prescribe such rules of practice, pleading, and procedure as will facilitate the administration of justice. State v. Roy, 1936-NMSC-048, 40 N.M. 397, 60 P.2d 646. Modification of legislative rules. — Legislative rules relating to pleading, practice and procedure in the courts, particularly where those rules relate to court management or housekeeping functions, may be modified by a subsequent rule promulgated by the supreme court. Lovelace Med. Ctr. v. Mendez, 1991-NMSC-002, 111 N.M. 336, 805 P.2d 603. Law reviews. — For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).
NM Stat § 38-1-4 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-4 - [Equity rules prevail over common law.]

Generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail. History: Laws 1897, ch. 73, § 178; C.L. 1897, § 2685 (178); Code 1915, § 4259; C.S. 1929, § 105-1006; 1941 Comp., § 19-304; 1953 Comp., § 21-3-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Express contract. — An express contract is to be enforced as written in regard to contractual obligations of the parties unless the court has determined that equity should override the express contract because of fraud, real hardship, oppression, mistake, unconscionable results, and the other grounds of righteousness, justice and morality. Arena Res., Inc. v. OBO, Inc., 2010-NMCA-061, 148 N.M. 483, 238 P.3d 357. Judgment granting equitable relief in action based on express contract. — Where plaintiff, who was the operating-interest owner, redeveloped an oilfield unit and sought reimbursement from defendant, who was a working-interest owner; plaintiff unilaterally redeveloped the unit without obtaining the consent of defendant as was required by the operating agreement of the parties; the redevelopment project increased oil and gas production, enhanced the unit, and netted favorable revenue consequences for defendant; although the district court concluded that plaintiff had breached the operating agreement, the court granted judgment for plaintiff based on unjust enrichment; plaintiff's action was for breach of contract and to enforce a contractual lien; plaintiff never asserted a claim for unjust enrichment, the case was not tried on the theory of unjust enrichment, and plaintiff did not request findings of fact and conclusions of law on unjust enrichment; and the court never mentioned the existence of any evidence or entered any findings of fact that supported its conclusion of unjust enrichment or otherwise provided any basis for invoking the unjust enrichment theory in the face of the parties' express contract, the court was not permitted to exercise its equitable powers to grant plaintiff relief under the equitable unjust enrichment theory of recovery. Arena Res., Inc. v. OBO, Inc., 2010-NMCA-061, 148 N.M. 483, 238 P.3d 357. Enforcement of contract unenforceable under statute of frauds. — Even where a contract relating to the transfer of real estate is verbally changed as to the time of payment, a court of equity will intervene and order performance, when the refusal to intervene on account of the statute of frauds would permit a fraud to be committed. Kingston v. Walters, 1908-NMSC-007, 14 N.M. 368, 93 P. 700, aff'd, 1911-NMSC-009, 16 N.M. 59, 113 P. 594. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Common Law § 15. 15A C.J.S. Common Law § 9.
NM Stat § 38-1-5.1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-5.1 - Service of process on limited liability companies; death or removal of registered agent.

A. In case the agent of any limited liability company or foreign limited liability company registered to transact business in this state, designated by such company as the agent upon whom process against the company may be served, dies, resigns or leaves the state or the agent cannot with due diligence be found, it is lawful, while the circumstances continue, to serve process against the company upon the secretary of state, and the service shall be as effective to all intents and purposes as if made upon any manager of the company. B. Within two days after service upon the secretary of state, the secretary shall notify the company of service of process by certified or registered mail directed to the company at its registered office and enclose a copy of the process or other paper served. It is the duty of the plaintiff in any action in which the process is issued to pay to the secretary of state the sum of twenty-five dollars ($25.00), which shall be taxed as part of the taxable costs in the suit if the plaintiff prevails therein. C. The secretary of state shall keep a record of all summons that have been presented for service to the secretary of state along with a summary of all occurrences with regard to the service of summons. The address of a foreign limited liability company's registered agent, as set forth in its application for registration or most recent amendment thereto, shall constitute such company's registered office for purposes of this section. History: Laws 1993, ch. 280, § 75.