McNaughton v. Hunter

Decided March 15, 1797

Superior Court of North Carolina · decided 1797-03-15

<p>Cinder the acts of 1777, Rev. ch. 115, sec. 10, and 1793, Rev. ch. 392, it is held, that a plea in abatement is not the proper mode io take advantage of .the Plaintiff’s having brought his suit in the Superior .Court, for less value than fifiy pounds.</p>

Decided 1797-03-15

¶1Note. — Vide Allen’s exr’s. v. Stokes, ante 123.

Per curiam

¶2Where the Defendant dies, there must be a sci fa. against, the executors, to make them parties.— But, where the Plaintiff dies, there needs no sci. fa. for the Defendant is continued in court two terms by the act of 1786, ch. 14, and 1789, ch. 57. sec. 7 — and the executors may come in and pray to be admitted to prosecute, and the court will permit them to do so without any process.