
    Richmond.
    Raine & als. v. Bank of Va.
    1847. October Term.
    
    One of several appellants dies after the appeal to the Court of Appeals is perfected. Hem: That either party may proceed to have the appeal revived in the name of the representative of the deceased appellant; and the party wishing to have the case revived, must take measures to have it done.
    
      Hugh Raine, Charles Raine, Miller Woodson, and others, were appellants in a cause depending in this Court, which was an appeal from a decree pronounced against them by the Circuit Court of Lynchburg, in a cause in which the Bank of Virginia was plaintiff, and they and others were defendants. After the appeal had been perfected here, one of the appellants died, and then the Bank of Va., by counsel, moved the Court for a rule on the surviving appellants, that unless they shall take proper measures for having the cause revived as to the representatives of the deceased appellant on or before a reasonable time to be fixed by the Court, that then the appeal shall be dismissed.
   Cabell, P.

delivered the opinion of the Court.

The Court is of opinion, that in a case like this, it is competent to either party, appellant or appellee, to proceed to have the cause revivedand that it is incumbent upon the party wishing such revival, to take, himself, active measures for that purpose; and that he has no right to impose the obligation on his adversary.

The motion of the appellees is therefore overruled.  