Black v. Shaw

Citations

• 20 Cal. 68

Syllabus

<p>The death of an appellant after argument of his case upon appeal does not constitute any ground for delaying a decision or departing from the ordinary course of procedure, except as to the entry of the judgment which may be rendered. The entry should be of a day anterior to the appellant’s death.</p> <p>The rule is different if the death occur previous to the argument; in that event, further proceedings can only be had upon leave given after suggestion of the death is made.</p> <p>Where, after the death of the appellant, the appellate Court not being aware of the death, render a judgment of affirmance, upon subsequent suggestion of the fact the judgment will be vacated, and a judgment of affirmance rendered as of a day previous to the death nunc pro tunc.</p>