Black v. Shaw

This case was argued at the July term, 1861, and on the thirtieth of December following, judgment was rendered affirming the order appealed from. After the argument, but before the decision, the appellant Shaw died; and parties claiming to be interested in the property affected by the order now ask that the judgment may be vacated, the remittitur recalled, and a rehearing granted.

The death of an appellant after argument of his case upon ap*69peal does not constitute any ground for delaying a decision or departing from the ordinary course of procedure, except as to the entry of the judgment which…