Daniel v. Cobb's Executor, 1 N.C. 42, 1 Mart. 42 (1796)

Sept. 1796 · North Carolina Superior Court

1 N.C. 42, 1 Mart. 42

Newbern,

September Term, 1796.

DANIEL versus COBB’s EXECUTOR.

SCIRE facias to revive an action of detinue: Davie, for the defendant, pleaded, in abatement, that this action could not be revived against representatives.

But the Court,

M’Coy, J. and Stone, J.

overruled the plea they said it had been adjudged that this action could be revived.

A case was cited which the same principle was held, respecting the action of traver, at Wilmington Superior Court.

Harris for the plaintiff.

Davie for the defendant,