Moore v. Suttril's Adm'r, 2 N.C. 22, 1 Hayw. 22 (1792)

April 1792 · North Carolina Superior Court

2 N.C. 22, 1 Hayw. 22

Moore v. Suttril’s Adm’r.

Doctor Umstead was sued as administrator in right of his wife, a capias issued to Chatham, where he did not live, &c. Objected by Mr. Mhore, a capias ought not, to have issued, but a summons ; and the attachment is irregular, being founded on such a capias; and the suit is improperly brought, it ought to have been against Mrs. Umstead also, for suppose she had died, it would have abated — if he had died, it would have abated also, as the case is circumstanced : but had it been brought against both, and he had died, it would have survived against her. The Plaintiff being not ready, was nonsuited.

Note. — Vide Chitt. Plead. 43.