Den, on the demise of Ellison v. Brady

Superior Court of North Carolina

Den, on the demise of Ellison v. Brady

3 N.C. 349

Superior Court of North Carolina·Decided July 15, 1805·Published

Opinion

GpKE defendant died, and the plaintiff prayed a scire-fad at-against his heirs at the first term after his death — -but it was not served till after the second term.

Harris now insisted that the action was abated, because the heirs shall be brought in at the second term by an actual service Qf the i ci. fa. before.,

E contra, it was argued that issuing the sci.fa. from the second term, upon an application made in that term, is sufficient to pervert the abatement.

Curia advisarL

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GpKE defendant died, and the plaintiff prayed a scire-fad at-against his heirs at the first term after his death — -but it was not served till after the second term.

Harris now insisted that the action was abated, because the heirs shall be brought in at the second term by an actual service Qf the i ci. fa. before.,

E contra, it was argued that issuing the sci.fa. from the second term, upon an application made in that term, is sufficient to pervert the abatement.

Curia advisarL

Den, on the demise of Ellison v. Brady, 3 N.C. 349 (N.C. Ct. App. 1805).

Pincite

3 N.C. 349 (Den, on the demise of Ellison v. Brady) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.