2 N.C. 611
Supreme Court of North Carolina
Decided July 15, 1816
Supreme Court of North Carolina · decided 1816-07-15
This is an action on the case in tort, to recover damages for the breach of a patent right. The defendant pleaded to the merits of the cause, and after the suit had been continued several terms, he died. A scire facias was served on David Mock, administrator of the property of the defendant, returnable to April term 1816; and he pleaded in abatement, that the defendant died on the 5th day of October 1814, and that no process was served on him until the 1st day of April 1816.
Decided 1816-07-15
¶1delivered the opinion of the Court:
¶2The plaintiff has omitted nothing necessary to prevent the abatement of his action. Process having regularly issued from term to term, after the death of defendant intestate, till the administrator was made party, although not actually served, prevents the abatement which the defendant seeks.
¶3Demurrer allowed, plea overruled.