CHAP. 309.——An ACT to amend and re-enact Section 6167 of the Code of Virginia,
relating to procedure where death or other fact is relied on in abatement in
the appellate court. [H B 441]

Approved March 30, 1942

1. Be it enacted by the General Assembly of Virginia, That section
sixty-one hundred and sixty-seven of the Code of Virginia, be amended
ind re-enacted, as follows:
Section 6167. Effect of marriage, death or other fact on appeal,
writ of error or supersedeas.—If the marriage of a female plaintiff or de-
fendant be not suggested to the trial court before judgment, or if at any
time after verdict or judgment in the trial court, whether during the pend-
ency of an appeal, writ of error or supersedeas, or before the appeal, writ
of error or supersedeas is granted, the death or marriage of a party, or
any other fact which might otherwise be relied on in abatement occurs,
and such marriage, death or other fact be suggested or relied on in abate-
ment in the Supreme Court of Appeals, the said court may, in its discre-
tion, take or retain jurisdiction and enter judgment or decree in the case
as if such marriage, death or other fact had not occurred.