Coffin v. Edgington

Citations

• 2 Idaho 627
• 23 P. 80
• 1890 Ida. LEXIS 2

Syllabus

<p>Death op Partt — Substitution.—After judgment was rendered, and before notice of appeal was filed or served, one of the defendants died, no substitution having been made; held, that all proceedings on the appeal were null and void as to the representatives of the deceased defendant.</p> <p>Serving Notice op Appeai. — If a party to an action dies after the rendition of judgment and before filing and serving notice of appeal, the authority of the deceased’s attorney to act terminates, and any subsequent action of the attorney before substitution will not bind the representatives of the deceased or any other party in interest.</p> <p>Same. — Any party to an action, whether plaintiff or defendant, may appeal, but the notice of appeal must be served on all parties who would be affected by any order of the appellate court, whether said parties be plaintiffs or defendants or inter-veners.</p> <p>(Syllabus by the court.)</p>