Opinion
(September Term, 1797.)
A qui tam action abates by death of defendant.
THIS was a qui tam action. The defendant had died pending the action.
The 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.
The action abated.
Same point decided in Smith v. Walker, 4 N.C. 223.