Clements v. Hussey

2 N.C. 611

Opinion

Cameron, J.

delivered the opinion of the Court:

The 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.

Demurrer allowed, plea overruled.