Opinion
July Term, 1808.
Complainant obtained an injunction, and died before the hearing of the cause. No administration being had on his estate, and defendant having put in his answer, moved that it be read, and the injunction be dissolved. Motion overruled.
HILL filed a bill in the Court of Equity for Franklin County, and obtained an injunction to stay proceedings upon a judgment recovered against him by Jones in Orange Superior Court of Law. Jones put in his answer; but before the hearing of the cause Hill died intestate, and no administration being had on his estate, Jones' counsel moved that his answer be read, and the injunction be dissolved. This motion was sent to this Court for the opinion of the judges.
From Franklin.
As the complainant is dead and his estate is not yet represented, this cause cannot be heard for the purpose of procuring any decree upon the merits. The motion must be disallowed.
Cited: Collier v. Bank, 21 N.C. 330.
(212)