§56-8-4. Cases on review.
If, in any case of appeal, writ of error, or supersedeas,
which is now or may hereafter be pending, there be at any time in
an appellate court suggested, or relied on in abatement, the death
of a party, or any other fact which, if it had occurred after
verdict in an action, would not have prevented judgment being
entered, as if it had not occurred, the appellate court may, in its
discretion, enter judgment or decree in such case as if such death
or such fact had not occurred.
Note: WV Code updated with legislation passed through the 2012 1st Special Session