Let the cause be-entered Abated..
Lee v. Gause, 25 N.C. 585, 3 Ired. 585 (1843)
June 1843
·
Supreme Court of North Carolina
25 N.C. 585, 3 Ired. 585
WILLIAM LEE, ADMINISTRATOR OF JOHN HARRIS vs. BRYANT GAUSE.
June 1843
Upon the suggestion of the death of a party, which is denied, the court will decide the question on affidavits.
In this case, an opinion in favor of the plaintiff was delivered by the court at June Term 1842, but no judgment was entered for want of the pleadings. At December Term 1842, a suggestion was entered on the record that the plaintiff had died before June Term 1842: and this suggestion was denied on the record. At this Term, (June 1843,) Strange for the defendants produced affidavits proving the truth of the suggestion, and there being no counter-affidavits,