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.
Administrators of M'Allister v. Executors of Spiller, 1 N.C. 95, 1 Cam. & Nor. 95 (1800)
June 1800
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North Carolina Court of Conference
1 N.C. 95, 1 Cam. & Nor. 95
The Administrators of James M’Allister vs. the Executors of James Spiller.
The Plaintiff's intestate possessed and was legally entitled to the service of a Negro named King by hire, for the space of one year, commencing the 1st of Jan. 1795, and ending the 1st of Jan. 1796. James Spiller, the Defendant’s testator, in the year 1795, seduced, enticed and persuaded the said Negro King, to absent himself from the service of the said James M’Allister, and did maintain and keep the said Negro King in his possession during the remainder of the year. The jury find the defendant's testator guilty, and assess the Plaintiff’s damages to £—-; the suit was commenced against Spiller in his life-time, and duly revived against his executors, and against whom said verdict was had.
The questions are—Whether such suit was abated by the death of James Spiller, so that it could *96not be revived against his Executors; and whether, as said suit was revived without any plea in abatement, judgment shall not now be rendered against the said executors?