Daniel v. Cobb's

Decided September 15, 1796

Superior Court of North Carolina · decided 1796-09-15

SCIRE facias to revive an action of detinue: Davie, for the defendant, pleaded, in abatement, that this action could not be revived against representatives.

Decided 1796-09-15

¶1But the Court,

M’Coy, J. and Stone, J.

¶2overruled the plea they said it had been adjudged that this action could be revived.

¶3A case was cited which the same principle was held, respecting *43the action of traver, at Wilmington Superior Court.

Harris for the plaintiff.Davie for the defendant,