§ 16-67-322 - Death of party after appeal or writ of error -- Effect.
16-67-322. Death of party after appeal or writ of error -- Effect.
(a) If all the appellants or plaintiffs in error die after the appeal taken or writ of error brought and before judgment is rendered thereon, the executor or administrator of the last surviving appellant or plaintiff, or the heirs or devisees of the appellant or plaintiff in cases where they would be entitled to bring writs of error or prosecute an appeal, may be substituted for the appellant or plaintiff and the cause shall proceed at their suit.
(b) If all the appellees, the sole appellee, all the defendants, or the sole defendant in a writ of error die after an appeal is entered or writ of error brought and before judgment thereon, the executors or administrators of the appellees or defendants may be compelled to become parties and join in error in the same manner as in an original suit.