Judson v. Love

Citations

• 35 Cal. 463

Syllabus

<p>Judgment for or against a Party Deceased.—Where á party to an action dies after verdict or other decision therein, judgment in pursuance of such verdict or decision may nevertheless bo rendered as provided in section two hundred and two of the Practice Act, but in no other such case can judgment be rendered so as to affect the interests of the representatives or successors of the party deceased, without the proper substitution of such representatives or successors.</p> <p>Idem—Motion for New Trial and Appeal after Death of Party. —Where, in an action by J. against L. and others, L. died after verdict rendered for defendants, and thereafter J. moved for a new trial, without suggestion made of the death of L., or a substitution of his successors in interest, and appealed from the judgment rendered on the verdict and an order denying a new trial: Held, that all said proceedings, except the rendition of judgment upon said verdict, . were void, and that the appeal as to L. should be dismissed.</p> <p>Idem—Authority of Attorney of a Party Deceased.—Where a party litigant dies after verdict, the authority of his attorney to act for him is thereby determined, and he can neither give nor receive notice of motion for new trial or of appeal.</p> <p>Idem.—If the attorney be the executor of the will of the party deceased, though it were admitted that he became executor before the probate of the will, yet he will not become a party to the suit until he is made so in due form.</p> <p>Mode of Showing the Death of a Party and Substitution of his Legal Representatives.—The death of a party pendente lite should be made known by suggestion of that fact to the Court, and the action continued by order of the Court against the representative of the party deceased, of which he'must be duly notified before he can be affected by further proceedings in the action.</p> <p>Suggestion of the Death of Party—When it may be Made. — It is regular and proper to suggest the death of a party to an a