¶1In this case it was shown to the court that the defendant was dead, and one who was counsel for the defendant prayed judgment nunc pro tunc, and it was said by the court that if the continuances were entered on the rolls, then no judgment could be given, but if no continuance were entered the party could have judgment; and if anyone, as amicus curiae, will inform that the party is dead, it ought to be shown to the court by plea and not by verbal information.
1 N.C. 692
Farnell v. . Tipper
Decided July 5, 1793
Court of King's Bench · decided 1793-07-05
Decided 1793-07-05