Superior Court of North Carolina, 1805

Den, on the demise of Ellison v. Brady

Den, on the demise of Ellison v. Brady
Superior Court of North Carolina · Decided July 15, 1805
3 N.C. 349
Den, on the demise of Ellison v. Brady

Opinion of the Court

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.