Pedlar v. Stroud

Citations

• 116 Cal. 461
• 48 P. 371
• 1897 Cal. LEXIS 572

Syllabus

<p>Action—Death of Party—Authority of Attorney—Service of Notices.—Upon the death of a party to an action, the authority of his attorney to represent him ceases; and no notices can be thereafter effectively served upon his attorney.</p> <p>Id.—Appeal — Dismissal — Death of Party before Appeal—Inef. feotive Service of Notice—Jurisdiction.—Where the plaintiff in an action, after obtaining judgment, died before an appeal was taken by the defendants, and there was no substitution, or order of substitution, of any personal representative of the deceased plaintiff in the court below, the service of a notice of appeal upon the attorney of record of the deceased plaintiff is ineffective to constitute an appeal, or in any respect to affect the judgment, and such apparent appeal will be dismissed for want of jurisdiction.</p> <p>Id.—Motion to Dismiss—Absence of Substitution—Dismissal by Appellate Court.—An appeal of which the supreme court has no jurisdiction will be dismissed by it of its own motion, whenever its attention is drawn thereto; and it is no ground for denying a motion for such dismissal, made by the defendants on the ground that the plaintiff died before the service of notice of appeal upon his attorney, or that there has been no substitution in the supreme court of the personal representatives of the deceased plaintiff.</p>