Farnell v. Tipper

1 N.C. 92

Opinion

In this case it was shewn to the court that the defendant was dead, and one who was counsel for the defendant prayed judgment tunc pro nunc, and it was said by the court that if the continuances were entered on the rolls, then no judgment could be given, but if no continuance was entered the party could have judgment; and if any one as amicus curiæ will inform that the party is dead, it ought to be shewn to the court, by plea and not by verbal information.