Civil Bill Courts (Ireland) Act, 1851

Appeals shall not be abated by the death of parties where there are several plaintiffs or defendants, but may be prosecuted by survivors.

136. Where in any civil bill there shall be several plaintiffs and several defendants, and all or more than one of such plaintiffs, or all or more than one of such defendants, as the case may be, shall appeal from the decree or dismiss of the recorder or assistant barrister, and after the lodging of such appeal any of such parties, plaintiffs or defendants, shall die (in case of a plaintiff or plaintiffs) leaving another plaintiff or other plaintiffs surviving, and (in case of a defendant or defendants) leaving another defendant or other defendants surviving, such appeal shall not abate by such death or deaths, but the same may be proceeded with at the suit of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, or vice versâ, as the case may be.