McAlister v. . Spiller

Supreme Court of North Carolina

McAlister v. . Spiller

1 N.C. 314

DecidedJuly 5, 1800

StatusPublished

This text of 1 N.C. 314 (McAlister v. . Spiller) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McAlister v. . Spiller, 1 N.C. 314 (N.C. 1800).

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Opinion

The questions are, whether such suit was abated by the death of James Spiller, so that it could not be revived against his executors; and whether, as said suit was revived without any plea in abatement, judgment shall now be rendered against the said executors. This action having been brought for the seduction of a slave from his master's service, and the defendant's testator keeping the slave in his possession to the injury of the plaintiffs, the action did not abate on the death of James Spiller, and after his death was properly prosecuted by the plaintiffs.

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The questions are, whether such suit was abated by the death of James Spiller, so that it could not be revived against his executors; and whether, as said suit was revived without any plea in abatement, judgment shall now be rendered against the said executors. This action having been brought for the seduction of a slave from his master's service, and the defendant's testator keeping the slave in his possession to the injury of the plaintiffs, the action did not abate on the death of James Spiller, and after his death was properly prosecuted by the plaintiffs.

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Bluebook (online)

1 N.C. 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcalister-v-spiller-nc-1800.