The suit is abated^ and must be revived by a bill of revivor 5 but defendant is not entitled to costs upo» the abatement, though he would be entitled if after two terms a. $5 ire facia? were brought and the abatement pleaded.
Stephenson v. Prescot, 3 N.C. 163, 2 Hayw. 163 (1802)
Jan. 1802
·
North Carolina Superior Court
3 N.C. 163, 2 Hayw. 163
Stephenson and others vs. Prescot and others.
/COMPLAINANT died more than two terms ago.