If any party to an appeal or writ of error dies after appeal is taken or writ of error sued out, but before final judgment thereon, the appeal or writ of error shall not abate thereby. The death shall be suggested to the supreme court or court of appeals by any surviving party, and the court shall proceed as may be provided by rule of procedure.
History: Laws 1917, ch. 43, § 10; 1927, ch. 93, § 3; C.S. 1929, § 105-2510; 1953 Comp., § 21-10-17; Laws 1966, ch. 28, § 48.
ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 48, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Rule 12-301 NMRA provides that if a party dies after notice of appeal has been filed, the personal representative of the deceased party may be substituted as a party on motion filed in the appellate court by the representative or by any party.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 279.
Effect of death of party to divorce proceeding pending appeal or time allowed for appeal, 33 A.L.R.4th 47.
4 C.J.S. Appeal & Error §§ 246, 247.