Opinion
(Spring Riding, 1803.)
1. Where the complaint moves to continue an injunction, and the defendant's death is suggested, that fact shall be tried instanter, unless the court be satisfied that there is a strong probability of his death.
2. Where, upon the suggestion of the death of a defendant to an injunction bill, the cause was continued, and the plaintiff in the injunction took out a sci. fa. in equity, to make the administrator a party to his bill, so as to keep up the injunction against the administrator, the injunction was dissolved upon the answer of the administrator.
INJUNCTION bill. Mr. Harris moved to continue the injunction. Counsel on the other side suggested the death of Allen, on the record.
The point of his death shall be tried instanter, unless the Court can be satisfied that there is a strong probability of his death.
Whereupon, evidence was given that his friends have received letters stating his death; and then the cause was continued until next term.
Defendant's counsel took out a sci. fa. on the law side of the Court, calling upon Thompson, who was defendant at law, to show cause why the administrator of Allen should not have execution upon the judgment at law, which Allen had in his lifetime obtained against Thompson. And thereupon Thompson took out a sci. fa. in equity, to make the administrator a party to his bill in equity, so as to keep up the injunction against the administrator. Then the administrator answered and dissolved the injunction.
NOTE. — See Hill v. Jones, 6 N.C. 211; Collier v. Bank, 21 N.C. 328.