Wallace v. Wallace

Opinion op the Court by

Chief Justice Hobson—

Overruling motion to enter judgment. Nunc Pro Tunc.,

This case was submitted September 25, 1912. On October 3d, the judgment appealed from was affirmed. The death of the appellee after the submission is now suggested and a motion is made that an order be .entered to the effect that the judgment rendered October 3d, affirming the decision of the lower court be entered nunc pro tunc as of the 25th of September, 1912.

The rule is that when a party to an appeal dies after submission and before the court renders its decision the judgment relates back to…