Note — Vide Avery v. Branch, post 369. Anonymous, post 451, Dayson v. - 2 Hay. 296.
In Equity, 2 N.C. 186, 1 Hayw. 186 (1795)
April 1795
·
North Carolina Superior Court
2 N.C. 186, 1 Hayw. 186
In Equity.
The Court adopted this rule, where an injunction, bill ami answer have been read, and the injunction dissolved, and no replication nor commissions within two terms after, thebill shall lie dismissed for want of prosecution ; and accordingly, many injunction bills were dismissed ai this term for want of prosecution upon the above rule.
Also in a case before the Court, where the complainant |liUj died, it was said by Mr. Moore, and conceded per curiam, that since t,lie act of 1786, if the complainant dies, the defendant is not thereby out of Court, or the suit abated; but it is continued in Court for two terms next following, by the force of that act; and at either of these two next terms, complainant’s representatives may-come into Court, and move to be made parties, and be admitted parties on record to carry on the suit ; and within *187these two terms, there is no necessity for a bill of revi-■cor — but if the party applying is not the legal representative entitled to carry on the suit, his application may he controverted by the. other party, and drawn into the judgment of the Court by plea, as well as if there was a bill of revivor. And the Court seemed to incline, that if the interest of the complainant had gone by devise or will, or other legal transfer, to any other person than to him who is constituted by law, that then such person must state that circumstance to the Court in a bill to he brought for the purpose.