Carlisle v. Allen

¶ 46. The issue before the Court is whether the death of one of the parties to a joint application to revoke divorce deprives the trial court of jurisdiction to proceed on the joint application after the party’s death. The question of jurisdiction is basic and fundamental, and if there is an absence of jurisdiction — over either the person or the subject matter — the court is without power to act. At common law, the death of either party generally put an end to an action. In recognition of this principle, this Court long ago held that “on the death of [a] party his interest ceases, and the…