Note. — Fide same point decided in the case of Smith v. Walker’s 32 x’rs. 2 Car. Law Rep. 245.
Blount v. Fish, 2 N.C. 578, 1 Hayw. 578 (1797)
Sept. 1797
·
North Carolina Superior Court
2 N.C. 578, 1 Hayw. 578
Blount v. Fish.
This was a qui tam action. The Defendant had died pending the action. Et per curiam — The act continues no suit whirl) before the act was not maintainable against executors ; and as this action before the act, would have abated by the death of the Defendant, and cfould not have been afterwards commenced against his executors, it is abated now. The action abated.