Principle

APPELLATE PRACTICE — Notice of Appeal — Effect of Determination of Appeal on Pending Subsidiary Proceedings

Area of law
APPELLATE PRACTICE
Court
Supreme Court

When the main proceeding is struck out or determined, related subsidiary appeals abate because they lose their foundation. Without a substratum, the appeal cannot continue. The principle applies to appellate practice. The rule prevents prosecution of appeals on matters that no longer exist. The subsidiary…

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