McCornick v. Shaughnessy

Citations

• 19 Idaho 465
• 114 P. 22
• 1911 Ida. LEXIS 29

Syllabus

<p>Appeal — Death op Party — Substitution—Authority op Attorney— Termination op Agency.</p> <p>(Syllabus by the court.)</p> <p>1. Where a party to an action dies before an appeal is taken, the attorney who represented such party has no power or authority to prosecute an appeal until a substitution of a legal representative is had, and an appeal prosecuted in the name of such deceased party without substitution will be dismissed for want of jurisdiction in the appellate court to consider the same.</p> <p>2. Where a party to an action dies after judgment, the agency and authority of his attorney is at once terminated, and the attorney must obtain his employment and authority from a legal representative of the estate of such deceased person before he can prosecute an appeal in the ease.</p>