Opinion
Fall Term, 1798.
If a plaintiff die during the pendency of a suit, and his executors do not apply to carry it on within two terms after his death computing from the day of his death, and not from the suggestion entered by the defendant, the cause will abate, and the defendant be discharged from further attendance.
But if, after this, the executors apply to be made party by a sci. fa., or notice served on the defendant and they do not oppose it, and the plaintiffs are made parties by order of the Court, it will be too late, afterwards, to move for an abatement; but the cause is to be tried.
NOTE. — See Anonymous, 3 N.C. 66.
Cited: Hobbs v. Bush, 19 N.C. 511; McLaughlin v. Neill, 25 N.C. 295.
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