the  judgment,  because  the  personal  repre-       A  party  perfected  an  appeal  and  gave  a

sentatives  stand  in  the  shoes  of  the  de-  cost  bond  merely :  he  afterwards  prosecuted

ceased.     Phares  v,  Saunders,   18  W.   Va.  a  writ  of  error  tinder  a  supersedeas  writ  of

336.  error  bond,  returnable  to  the  same  term

When,  on  call  of  a  case,  the  death  of  of  the  Supreme  Court  as  the  appeal.    Held^

one  of  the  parties  is  suggested,  and  the  both  metnods  may  be  used,  if  not  so  used

case  continued,  but  no  order  was  taken  to  for  delay.    Both  appeal  and  writ  of  error

expedite  it,  under  Rule  26,  upon  the  call  of  may  be  prosecuted  by  a  party  acting  in

the  case  on  the  next  term,  no  parties  hav-  good  faith,  and  in  accordance  to  the  intent

ing  been  made,  it  will  not  again  be  con-  of  the  statute.    It  is  right  and  proper  to

tinued,  but  the  writ   of  error  dismissed,  allow  a  supersedeas  writ  of  error  to  be

Brewing  Co.  v.  Hare,  71  Ga.  17.  prosecuted  by  a  party  who  has  appealed,

4   Giobs  V,  Blackweli,  40  111.  51.  provided   it  cloes   not  delay  the  opposite

At  common  law  a  writ  of  error,  though  party.    Eppstein  v.  Holmes,  64  Tex.  560.
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SoinFMiM.  ERROR,    WRIT  OF.  BeooidiiiBmr.
