2 N.C. 502
Superior Court of North Carolina
Decided September 5, 1797
Superior Court of North Carolina · decided 1797-09-05
Cited by 2 later decisions — most recently May 1942
2 state decisions
Relies on Smith v. . Walker
Good law ✅— No negative treatment on recordhow we know
Decided 1797-09-05
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¶1The act continues no suit which before the act was not maintainable against executors; and as this action before the act would have abated by the death of the defendant, and could not have been afterwards commenced against his executors, it is abated now.
¶2The action abated.
¶3Same point decided in Smith v. Walker, 4 N.C. 223. *405